RULE 4-502. EXPUNGEMENT DEFINITIONS
West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2023
Effective: April 1, 2023
MD Rules, Rule 4-502
RULE 4-502. EXPUNGEMENT DEFINITIONS
The following definitions apply in this Chapter and in Forms 4-503.1 through 4-508.3:
(d) Court Records. “Court records” means all official records maintained by the clerk or other personnel pertaining to (1) any criminal action, (2) any action, except a juvenile proceeding, concerning a civil offense or infraction under a State or local law enacted as a substitute for a criminal charge, or (3) any proceeding for expungement. It includes indices, docket entries, charging documents, pleadings, memoranda, assignment schedules, disposition sheets, transcriptions of proceedings, electronic recordings, orders, judgments, and decrees. It does not include: records pertaining to violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation; written opinions of a court; cash receipt and disbursement records necessary for audit purposes; or a court reporter's transcript of proceedings involving multiple defendants.
(h) Police Records. “Police records” means all official records maintained by a law enforcement agency, a booking facility, or the Central Repository pertaining to the arrest and detention of or further proceeding against an individual for a criminal charge; a suspected violation of a criminal law; a violation of Code, Transportation Article for which a term of imprisonment may be imposed; or a civil offense or infraction, except a juvenile offense, under a State or local law enacted as a substitute for a criminal charge. “Police records” does not include investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation.
(i) Probation Before Judgment. “Probation before judgment” means disposition of a charge pursuant to Code, Criminal Procedure Article, § 6-220 or a civil offense or infraction, except a juvenile offense, under a State or local law enacted as a substitute for a criminal charge; it also means probation prior to judgment pursuant to former Code, Article 27, § 641, a disposition pursuant to former Code, Article 27, § 292 (b), probation without finding a verdict pursuant to former Code, Article 27, § 641 prior to July 1, 1975, and a disposition pursuant to former Section 22-83 of the Code of Public Local Laws of Baltimore City (1969 Edition).
(k) Service. “Service” with respect to the application or petition means electronically serving or mailing a copy by certified mail or delivering it to any person admitting service, and with respect to any answer, notice, or order of court required by this Rule or court order to be served means electronically serving or mailing by first-class mail.
Source: This Rule is derived from former Rule EX1.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; July 27, 1987, eff. Aug. 17, 1987; June 28, 1988, eff. July 1, 1988; May 9, 1991, eff. July 1, 1991; May 14, 1992, eff. July 1, 1992; June 8, 1998, eff. Oct. 1, 1998; Oct. 5, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Oct. 31, 2002, eff. Jan. 1, 2003; Dec. 4, 2007, eff. Jan. 1, 2008; Feb. 9, 2022, eff. April 1, 2022; April 21, 2023, eff. nunc pro tunc April 1, 2023.]
MD Rules, Rule 4-502, MD R CR Rule 4-502
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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