Section 10-103 – Expungement of Police Record When No Charge Is Filed
(a) For arrests, detentions, or confinements occurring before October 1, 2007, a person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may request the expungement of the police record. (b) The person shall request […]
Section 10-103.1 – Expungement of Police Records After Release Without Charge
(a) For arrests or confinements occurring on or after October 1, 2007, a person who is arrested or confined by a law enforcement unit and then is released without being charged with the commission of a crime is entitled to expungement of all police records, including photographs and fingerprints, relating to the matter. (b) Within 60 days […]
Section 10-104 – Expungement on Nolle Prosequi Before Service
(a) Unless the State objects and shows cause why a record should not be expunged, if the State enters a nolle prosequi as to all charges in a criminal case within the jurisdiction of the District Court with which a defendant has not been served, the District Court may order expungement of each court record, police […]
Section 10-105 – Expungement of Record After Charge Is Filed
(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, or who has been charged with a civil offense or infraction, except a juvenile offense, may file a petition listing relevant facts for expungement of a police […]
Section 10-105.1 – Circumstances Requiring Expungement of Certain Records After a Period of Time — Notices of Expungement
(a) Beginning October 1, 2021, any police record, court record, or other record maintained by the State or a political subdivision of the State relating to the charging of a crime or a civil offense under § 5–601(c)(2)(ii) of the Criminal Law Article, including a must–appear violation of the Transportation Article, shall be expunged 3 years […]
Section 10-105.2 – Notification of Defendant by Court Regarding Right to Expungement — Mail — Waiver and Release
(a) Subject to subsection (b) of this section, after disposition of all charges in a case involving a criminal offense or a civil offense under § 5–601(c)(2)(ii) of the Criminal Law Article, including a must–appear violation of the Transportation Article, the court shall notify the defendant of the defendant’s right to expungement under § 10–105 of […]
Section 10-106 – Expungement of Criminal Charge Transferred to Juvenile Court
(a) A person may file, and a court shall grant, a petition for expungement of a criminal charge transferred to the juvenile court under § 4–202 or § 4–202.2 of this article. (b) A petition for expungement filed under this section shall be filed in the court of original jurisdiction from which the order of transfer was […]
Section 10-107 – Charges Arising From Same Incident, Transaction, or Set of Facts
(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic violation, arise from the same incident, transaction, or set of facts, they are considered to be a unit. (2) A charge for a minor traffic violation that arises from the same incident, transaction, or set of facts as a charge in […]
Section 10-108 – Opening, Review, or Disclosure of Expunged Records
(a) A person may not open or review an expunged record or disclose to another person any information from that record without a court order from: (1) the court that ordered the record expunged; or (2) the District Court that has venue in the case of a police record expunged under § 10-103 of this subtitle. (b) A court […]
Section 10-109 – Prohibited Acts
(a) (1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required: (i) by an employer or educational institution of a person who applies for employment or admission; or (ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies […]