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RULE 4-508. COURT ORDER FOR EXPUNGEMENT OF RECORDS

West's Annotated Code of MarylandMaryland RulesEffective: April 1, 2022

West's Annotated Code of Maryland
Maryland Rules
Title 4. Criminal Causes
Chapter 500. Expungement of Records
Effective: April 1, 2022
MD Rules, Rule 4-508
RULE 4-508. COURT ORDER FOR EXPUNGEMENT OF RECORDS
Currentness
(a) Content. An order for expungement of records shall be substantially in the form set forth at the end of this Title as Form 4-508.1, as modified to suit the circumstances of the case. If the court determines that the procedures for expungement of court records set forth in Rule 4-511 are not practicable in the circumstances, the order shall specify the alternative procedures to be followed.
Cross reference: Code, Criminal Procedure Article, §§ 10-103 (f) and 10-105 (f).
(b) Stay.
(1) Entry. If the court, over the objection of a State's Attorney or law enforcement agency, enters an order granting expungement, the order is stayed for 30 days after entry and thereafter if a timely notice of appeal is filed, pending the disposition of the appeal and further order of court.
(2) Lifting. A stay shall be lifted upon disposition of any appeal or, if no notice of appeal was timely filed, upon expiration of the time prescribed for filing a notice of appeal. If an order for expungement has been stayed and no appeal is pending, a stay based upon an application may be lifted upon written consent of the law enforcement agency, and a stay based upon a petition may be lifted upon written consent of the State's Attorney.
(3) Notice. Promptly upon the lifting of a stay, the clerk shall send notice of the lifting of the stay to the parties and to each custodian of records, including the Central Repository, to which an order for expungement and a compliance form are required to be sent pursuant to section (d) of this Rule.
(c) Finality. An order of court for expungement of records, whether or not stayed, or an order denying an application or petition for expungement, is a final judgment.
Cross reference: Code, Courts Article, § 12-301.
(d) Service of Order and Compliance Form. Upon entry of a court order granting or denying expungement, the clerk forthwith shall serve a true copy of the order and any stay of the order on all parties to the proceeding. Upon entry of an order granting expungement, the clerk shall serve on each custodian of records designated in the order a true copy of the order together with a blank form of Certificate of Compliance set forth at the end of this Title as Form 4-508.3. The State Court Administrator shall transmit electronically to the Central Repository the data included in the order.
Source: This Rule is derived in part from former Rule EX7 and is in part new.

Credits

[Adopted April 6, 1984, eff. July 1, 1984. Amended June 28, 1988, eff. July 1, 1988; May 9, 1991, eff. July 1, 1991; June 8, 1998, eff. Oct. 1, 1998; Jan. 8, 2002, eff. Feb. 1, 2002; Nov. 8, 2005, eff. Jan. 1, 2006; Feb. 9, 2022, eff. April 1, 2022.]
MD Rules, Rule 4-508, MD R CR Rule 4-508
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
End of Document