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§ 7-104. Issuance of certificate of rehabilitation

West's Annotated Code of MarylandCorrectional ServicesEffective: October 1, 2017

West's Annotated Code of Maryland
Correctional Services (Refs & Annos)
Title 7. Parole, Release on Mandatory Supervision, and Executive Clemency (Refs & Annos)
Subtitle 1. Definitions; General Provisions
Effective: October 1, 2017
MD Code, Correctional Services, § 7-104
§ 7-104. Issuance of certificate of rehabilitation
Currentness
(a) The Department shall issue a certificate of rehabilitation to an individual who:
(1) was convicted of a misdemeanor or felony that is not:
(i) a crime of violence, as defined in § 14-101 of the Criminal Law Article; or
(ii) a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article;
(2) was supervised by the Division of Parole and Probation under conditions of:
(i) parole;
(ii) probation; or
(iii) mandatory release supervision;
(3) has completed all special and general conditions of supervision, including paying all required restitution, fines, fees, and other payment obligations; and
(4) is no longer under the jurisdiction of the Division of Parole and Probation.
(b) It is the policy of the State to encourage the employment of nonviolent ex-offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.
(c) A licensing board may not deny an occupational license or certificate to an applicant who has been issued a certificate of rehabilitation solely on the basis that the applicant has previously been convicted of the crime that is the subject of the certificate of rehabilitation, unless the licensing board determines that:
(1) there is a direct relationship between the applicant's previous conviction and the specific occupational license or certificate sought; or
(2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
(d) In making a determination under subsection (c) of this section, the licensing board shall consider:
(1) the policy of the State expressed in subsection (b) of this section;
(2) the specific duties and responsibilities required of a licensee or certificate holder;
(3) whether the applicant's previous conviction has any impact on the applicant's fitness or ability to perform the duties and responsibilities authorized by the license or certificate;
(4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;
(5) the seriousness of the offense for which the applicant was convicted;
(6) other information provided by the applicant or on the applicant's behalf with regard to the applicant's rehabilitation and good conduct; and
(7) the legitimate interest of the Department in protecting property and the safety and welfare of specific individuals or the general public.
(e) An individual may receive only one certificate of rehabilitation per lifetime.
(f) The Court of Appeals is not a licensing board for purposes of this section.
(g) The Department shall adopt regulations establishing an application and review process for a certificate of rehabilitation that allows the State's Attorney and the victim to object to the issuance of the certificate of rehabilitation.

Credits

Added by Acts 2016, c. 515, § 2, eff. Oct. 1, 2017.
MD Code, Correctional Services, § 7-104, MD CORR SERV § 7-104
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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