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Home » US Law » 2022 Maryland Statutes » Criminal Procedure » Title 10 - Criminal Records » Subtitle 1 - Expungement of Police and Court Records

Section 10-102 – Scope

    (a)    A police record or a court record is subject to expungement under this subtitle.     (b)    (1)    A court record or a police record that existed before July 1, 1975, and is still maintained, may be expunged under this subtitle.         (2)    A person who is entitled to the expungement of a court record or a police record that existed […]

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 10-105.2 – 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 […]

Section 10-110 – Petition for Expungement

    (a)    A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of:         (1)    a misdemeanor that is a violation of:             (i)    § 6–320 of the Alcoholic Beverages Article;             (ii)    an offense listed in […]

Section 10-111 – Prohibition on Reference to Possession of Marijuana Charges

    The Maryland Judiciary Case Search may not in any way refer to the existence of a District Court criminal case in which:         (1)    possession of marijuana under § 5–601 of the Criminal Law Article is the only charge in the case; and         (2)    the charge was disposed of before October 1, 2014.