Maryland Criminal Procedure Section 10-102

Article - Criminal Procedure

§ 10-102.

      (a)      A police record or a court record may be expunged 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 before July 1, 1975, may use the procedures for expungement provided under this subtitle.

            (3)      The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.

            (4)      The custodian of court records or police records that were made before July 1, 1975, and that may be expunged under this subtitle:

                  (i)      shall make a reasonable search for a record requested for expungement; but

                  (ii)      need not expunge a court record or a police record that is not found after a reasonable search.

      (c)      This subtitle does not apply to:

            (1)      a record about a minor traffic violation;

            (2)      the published opinion of a court;

            (3)      a cash receipt or disbursement record that is necessary for audit purposes;

            (4)      a transcript of court proceedings made by a court reporter in a multiple defendant case;

            (5)      an investigatory file; or

            (6)      a record of the work product of a law enforcement unit that is used solely for police investigation.



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