Maryland Family Law Section 5-565

Article - Family Law

§ 5-565.

      (a)      In conformity with the following procedures, an individual may contest the finding of a criminal conviction, a probation before judgment disposition, a not criminally responsible disposition, or pending charge reported in a printed statement.

      (b)      In contesting the finding of a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge, the individual shall contact the office of the Secretary, or a designee of the Secretary, and a hearing shall be convened within 20 workdays, unless subsequently waived by the individual. The Secretary, or a designee of the Secretary, shall render a decision regarding the appeal within 5 workdays of the hearing.

      (c)      For purposes of this Part VI of this subtitle, the record of a conviction, a probation before judgment disposition, or a not criminally responsible disposition for a crime or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction or disposition occurred, shall be conclusive evidence of the conviction or disposition. In a case where a pending charge is recorded, documentation provided by a court to the Secretary, or a designee of the Secretary, that a pending charge for a crime which has not been finally adjudicated shall be conclusive evidence of the pending charge.

      (d)      Failure of the individual to appear at the scheduled hearing shall be considered grounds for dismissal of the appeal.



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