Section 10-248 – Severability of Provisions
The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any participating state, or to the Constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity […]
Section 10-249 – Adjudication of Disputes
(a) The Council shall: (1) have initial authority to make determinations with respect to any dispute regarding: (i) interpretation of this Compact; (ii) any rule or standard established by the Council pursuant to Section 10-244 of this subtitle; and (iii) any dispute or controversy between any parties to this Compact; and (2) hold a hearing concerning any dispute described in paragraph […]
Section 10-250 – Designation of Compact Officer
The Secretary of the Department of Public Safety and Correctional Services shall designate a Compact officer in accordance with Section 10-239 of this subtitle.
Section 10-302 – Accessibility of Shielded Record
(a) This subtitle does not apply to a conviction of a domestically related crime under § 6–233 of this article. (b) A shielded record shall remain fully accessible by: (1) criminal justice units for legitimate criminal justice purposes; (2) prospective or current employers or government licensing agencies that are subject to a statutory or regulatory requirement or authorization to […]
Section 10-303 – Petition; Eligibility for Shielding; Objection by State’s Attorney; Hearings; Notice to Victims
(a) A person may petition the court to shield the person’s court and police records relating to one or more shieldable convictions entered in the circuit court or the District Court in one county no earlier than 3 years after the person satisfies the sentence or sentences imposed for all convictions for which shielding is requested, […]
Section 10-304 – Reference to Shielded Records Prohibited
The Maryland Judiciary Case Search may not in any way refer to the existence of specific records shielded in accordance with this subtitle.
Section 10-305 – Conviction Not Considered Conviction Under 10-105(e)(4)(i) of This Title
A conviction that has been shielded under this subtitle may not be considered a conviction for purposes of § 10–105(e)(4)(i) of this title.
Section 10-306 – Prohibited Disclosures
(a) A person authorized to access a shielded record under § 10–302(b) of this subtitle may not disclose any information from a shielded record to a person who is not authorized to access shielded records under § 10–302(b) of this subtitle. (b) (1) Except as provided in § 10–302(b) of this subtitle, an employer may not: (i) require a […]
Section 10-401 – Restrictions on References to Certain Records of Charges in Judiciary Case Search
The Maryland Judiciary Case Search may not in any way refer to the existence of records of a charge in a case with electronic records if the charge resulted in: (1) acquittal; (2) dismissal; or (3) nolle prosequi, except nolle prosequi with the requirement of drug or alcohol treatment.
Section 10-244 – Compact Council
(a) (1) There is established a Council to be known as the “Compact Council”, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes. (2) The Council shall: (i) continue in existence as long […]