(a) Answer to Application. Within 30 days after service of an application for expungement, if the law enforcement agency objects to the expungement, the agency shall file an answer and serve a copy on the applicant or the attorney of record.
(b) Answer to Petition. Within 30 days after service of a petition for expungement, the State's Attorney shall file an answer, and serve a copy on the petitioner or the attorney of record.
Cross reference: Code, Criminal Procedure Article, ยง 10-105 (d).
(c) Contents. An answer objecting to expungement of records shall state in detail the specific grounds for objection. A law enforcement agency or State's Attorney may by answer consent to the expungement of an applicant's or petitioner's record.
(d) Effect of Failure to Answer. The failure of a law enforcement agency or State's Attorney to file an answer within the 30-day period constitutes a consent to the expungement as requested.
Source: This Rule is derived from former Rule EX4.
Credits
[Adopted April 6, 1984, eff. July 1, 1984. Amended May 9, 1991, eff. July 1, 1991; June 8, 1998, eff. Oct. 1, 1998; Jan. 8, 2002, eff. Feb. 1, 2002; Nov. 12, 2003, eff. Jan. 1, 2004.]
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
