2014 Maryland Code
Criminal Procedure
Title 10 - Criminal Records
Subtitle 1 - Expungement of Police and Court Records
§ 10-101. Definitions
(a) In general. -- In this subtitle the following words have the meanings indicated.
** REVISOR'S NOTE
This subsection formerly was Art. 27, § 735(a).
** REVISOR'S NOTE
The only changes are in style.
(b) Central Repository. -- "Central Repository" means the Criminal Justice Information System Central Repository in the Department.
** REVISOR'S NOTE
This subsection formerly was Art. 27, § 735(g).
** REVISOR'S NOTE
The only changes are in style.
** DEFINED TERM:
"Department" § 1-101
**
(c) Court record. -- **
(1) "Court record" means an official record of a court that the clerk of a court or other court personnel keeps about: **
(i) a criminal proceeding; or **
(ii) any other proceeding, except a juvenile proceeding, concerning a civil offense or infraction enacted under State or local law as a substitute for a criminal charge. **
(2) "Court record" includes: **
(i) a record of a violation of the Transportation Article for which a term of imprisonment may be imposed; and **
(ii) an index, docket entry, charging document, pleading, memorandum, transcription of proceedings, electronic recording, order, and judgment.
REVISOR'S NOTE
This subsection formerly was Art. 27, § 735(b)(1) and (2).
REVISOR'S NOTE
In paragraph (2)(ii) of this subsection, the former erroneous reference to "decrees" is deleted.
REVISOR'S NOTE
The only other changes are in style. **
(d) Expunge. -- "Expunge" means to remove information from public inspection in accordance with this subtitle.
REVISOR'S NOTE
This subsection is new language added for clarity. **
(e) Expungement. -- "Expungement" with respect to a court record or a police record means removal from public inspection: **
(1) by obliteration; **
(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or **
(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 735(c).
REVISOR'S NOTE
In the introductory language of this subsection and item (3) of this subsection, the former references to the "effective" removal of court records are deleted as surplusage.
REVISOR'S NOTE
In item (2) of this subsection, the former reference to the secure area to which "the public" is denied access is deleted in light of the introductory language of this subsection, which defined "expungement" as the removal of records "from public inspection".
DEFINED TERMS:
"Court record" § 10-101
DEFINED TERMS:
"Person" § 1-101
**
(f) Law enforcement unit. -- "Law enforcement unit" means a State, county, or municipal police department or unit, the office of a sheriff, the office of a State's Attorney, the Office of the State Prosecutor, or the Office of the Attorney General of the State.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 735(d).
REVISOR'S NOTE
In this subsection, the reference to a "unit" is substituted for the former reference to an "agency". See General Revisor's Note to article.
REVISOR'S NOTE
The Criminal Procedure Article Review Committee notes, for consideration by the General Assembly, that the former definition of "law enforcement agency" did not include the State Prosecutor. The General Assembly may wish to include the State Prosecutor in the definition of "law enforcement unit".
DEFINED TERM:
"County" § 1-101
**
(g) Minor traffic violation. -- "Minor traffic violation" means a nonincarcerable violation of the Maryland Vehicle Law or any other traffic law, ordinance, or regulation.
REVISOR'S NOTE
This subsection is new language added to avoid repetition of "a nonincarcerable violation of the Maryland Vehicle Law or any other traffic law, ordinance or regulation". **
(h) Police record. -- "Police record" means an official record that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for: **
(1) a criminal charge; **
(2) a suspected violation of a criminal law; **
(3) a violation of the Transportation Article for which a term of imprisonment may be imposed; or **
(4) a civil offense or infraction, except a juvenile offense, enacted under State or local law as a substitute for a criminal charge.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 27, § 735(e)(1).
DEFINED TERMS:
"Central Repository" § 10-101
DEFINED TERMS:
"Law enforcement unit" § 10-101
DEFINED TERMS:
"Person" § 1-101
Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
