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§ 3-8A-27.1. Expungement of juvenile records

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2014

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 8a. Juvenile Causes--Children Other than Cinas and Adults (Refs & Annos)
Effective: October 1, 2014
MD Code, Courts and Judicial Proceedings, § 3-8A-27.1
§ 3-8A-27.1. Expungement of juvenile records
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Expungement” has the meaning stated in § 10-101 of the Criminal Procedure Article.
(3) “Juvenile record” means a court record and police record concerning a child alleged or adjudicated delinquent or in need of supervision or who has received a citation for a violation.
(4) “Victim” means a person against whom a delinquent act has been committed or attempted.
Petition for expungement
(b)(1) A person may file a petition for expungement of the person's juvenile record in the court in which the petition or citation was filed.
(2) The court shall have a copy of the petition for expungement served on:
(i) All listed victims in the case in which the person is seeking expungement at the address listed in the court file;
(ii) All family members of a victim listed in item (i) of this paragraph who are listed in the court file as having attended the adjudication for the case in which the person is seeking expungement; and
(iii) The State's Attorney.
Court order for expungement
(c) The court may order a juvenile record expunged if:
(1)(i) The State's Attorney enters a nolle prosequi;
(ii) The petition is dismissed;
(iii) The court, in an adjudicatory hearing, does not find that the allegations in the petition are true;
(iv) The adjudicatory hearing is not held within 2 years after a petition is filed; or
(v) The court, in a disposition hearing, finds that the person does or does not require guidance, treatment, or rehabilitation;
(2) The person has attained the age of 18 years and at least 2 years have elapsed since the last official action in the person's juvenile record;
(3) The person has not been adjudicated delinquent more than once;
(4) The person has not subsequently been convicted of any offense;
(5) No delinquency petition or criminal charge is pending against the person;
(6) The person has not been adjudicated delinquent for an offense that, if committed by an adult, would constitute:
(i) A crime of violence as defined in § 14-101 of the Criminal Law Article;
(ii) A violation of § 3-308 of the Criminal Law Article; or
(iii) A felony;
(7) The person was not required to register as a sex offender under § 11-704(c) of the Criminal Procedure Article;
(8) The person has not been adjudicated delinquent for an offense involving the use of a firearm, as defined in § 5-101 of the Public Safety Article, in the commission of a crime of violence, as defined in § 14-101 of the Criminal Law Article; and
(9) The person has fully paid any monetary restitution ordered by the court in the delinquency proceeding.
Factors considered by court
(d) The court shall consider the best interests of the person, the person's stability in the community, and the safety of the public in its consideration of the petition for expungement.
Hearing requirements
(e)(1) If no objection is filed, the court may grant the petition without a hearing.
(2) If the court finds that a petition fails on its face to meet the requirements under subsection (c) of this section, the court may deny the petition without a hearing.
(3)(i) 1. The following persons may file an objection to a petition under this section:
A. A listed victim in the case in which the person is seeking expungement;
B. A family member of a victim listed in item A of this subsubparagraph who is listed in the court file as having attended the adjudication for the case in which the person is seeking expungement; and
C. The State's Attorney.
2. Except as provided under paragraph (2) of this subsection, if a person listed in subsubparagraph 1 of this subparagraph files an objection to the petition within 30 days after the petition is served, the court shall hold a hearing.
(ii) The court may hold a hearing on its own initiative.
(iii) If, after a hearing, the court finds that the person is entitled to expungement, the court shall order the expungement of all court records and police records relating to the delinquency or child in need of supervision petition or the citation.
(iv) If, after a hearing, the court finds that the person is not entitled to expungement, the court shall deny the petition.
Appeals
(f) The person who filed the petition for expungement or the State's Attorney may appeal an order granting or denying the petition.
Duties of custodian of juvenile records
(g) Unless an order is stayed pending an appeal, each custodian of juvenile records subject to the order of expungement shall advise, in writing, the court, the petitioner, and all parties to the petition for expungement proceeding of compliance with the order within 60 days after entry of the order.
Application of section
(h) This section does not apply to:
(1) Records maintained under Title 11, Subtitle 7 of the Criminal Procedure Article; or
(2) Records maintained by a law enforcement agency for the sole purpose of collecting statistical information concerning juvenile delinquency and that do not contain any information that would reveal the identity of a person.

Credits

Added by Acts 2014, c. 213, § 1, eff. Oct. 1, 2014.
MD Code, Courts and Judicial Proceedings, § 3-8A-27.1, MD CTS & JUD PRO § 3-8A-27.1
Current with legislation effective through October 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document