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§ 3-110. Expungement of record of formal complaint

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2010

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 3. Law Enforcement (Refs & Annos)
Subtitle 1. Law Enforcement Officers' Bill of Rights (Refs & Annos)
Effective: October 1, 2010
MD Code, Public Safety, § 3-110
Formerly cited as MD CODE Art. 27, § 728
§ 3-110. Expungement of record of formal complaint
In general
(a) On written request, a law enforcement officer may have expunged from any file the record of a formal complaint made against the law enforcement officer if:
(1)(i) the law enforcement agency that investigated the complaint:
1. exonerated the law enforcement officer of all charges in the complaint; or
2. determined that the charges were unsustained or unfounded; or
(ii) a hearing board acquitted the law enforcement officer, dismissed the action, or made a finding of not guilty; and
(2) at least 3 years have passed since the final disposition by the law enforcement agency or hearing board.
Evidence of formal complaints
(b) Evidence of a formal complaint against a law enforcement officer is not admissible in an administrative or judicial proceeding if the complaint resulted in an outcome listed in subsection (a)(1) of this section.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2010, c. 87, § 1, eff. Oct. 1, 2010; Acts 2010, c. 88, § 1, eff. Oct. 1, 2010.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2003, c. 5):
This section is new language derived without substantive change from former Art. 27, § 728(b)(12)(ii).
In item (2) of this section, the reference to the “final disposition” by the law enforcement agency or hearing board is substituted for the former reference to “findings” for clarity because the law enforcement agency or hearing board do more than make “findings” in this situation.
Defined terms: “Hearing board” § 3-101
“Law enforcement officer” § 3-101
HISTORICAL AND STATUTORY NOTES
Derivation:
Former Art. 27, § 728, related to political activity by law enforcement officers, repealed by Acts 2003, c. 5, § 1, eff. Oct. 1, 2003.
MD Code, Public Safety, § 3-110, MD PUBLIC SAFETY § 3-110
Current through all legislation from the 2019 Regular Session of the General Assembly.
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