2013 Maryland Code
TRANSPORTATION
§ 16-117 - Records to be kept by Administration


MD Transp Code § 16-117 (2013) What's This?

§16-117.

(a) The Administration shall keep a record of:

(1) Each driver’s license application that it receives;

(2) Each driver’s license that it issues; and

(3) Each licensee whose license to drive the Administration has suspended or revoked, and the reasons for the action.

(b) (1) The Administration shall file each accident report and abstract of court disposition records that it receives under the laws of this State.

(2) (i) The Administration shall keep convenient records or make suitable notations showing the convictions or traffic accidents in which each licensee has been involved and every probation before judgment disposition of any violation of the Maryland Vehicle Law. A record or notation of a probation before judgment disposition, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title, shall be segregated by the Administration and shall be available only to:

1. The Administration;

2. Other driver licensing authorities;

3. The United States Secretary of Transportation;

4. Current and prospective employers, as defined in § 16-803(e) of this title, of drivers required to hold commercial drivers’ licenses;

5. The courts;

6. Criminal justice agencies; and

7. The defendant or the defendant’s attorney.

(ii) However, a record or notation of a probation before judgment, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title, may not be received or considered by the courts until a plea of guilty or nolo contendere is made by the defendant or a finding of guilty is made by the court.

(3) These records or notations shall be made so that they are readily available for consideration by the Administration of any license renewal application and at any other suitable time.

(4) Accident reports and abstracts of court convictions pertaining to driving an emergency vehicle, if received by a person who was driving an emergency vehicle pursuant to the provisions of § 21-106 of this article, shall be segregated by the Administration and shall be available only to the Administration.

(5) Except as provided in this section, an employee of the Administration may not disclose any records or information regarding probation before judgment, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title.

(c) If a charge of a Maryland Vehicle Law violation against any individual is dismissed by a court of competent jurisdiction, a record of the charge and dismissal may not be included in the individual’s driving record.

§ 16-117 - 1. Expungement of certain driving records

(a) "Criminal offense" defined. -- In this section, "criminal offense" does not include any violation of the Maryland Vehicle Law.

(b) When Administration may expunge records. -- Except as provided in subsections (c) and (e) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee's public driving record, the Administration shall expunge the record if, at the time of application:

(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and

(2) (i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee's license never has been suspended or revoked;

(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee's record shows not more than one suspension and no revocations; or

(iii) Within the preceding 10 years:

1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;

2. The licensee's driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and

3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.

(c) When Administration may refuse to expunge. -- The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungement has not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.

(d) Required expungements. -- The Administration shall expunge from its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:

(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;

(2) Who has not been convicted of, or been granted probation before judgment for:

(i) A violation of § 20-102 of this article;

(ii) A violation of § 21-902 of this article; or

(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and

(3) Whose license or privilege to drive never has been suspended or revoked.

(e) Early expungement prohibited. -- Notwithstanding any other provision of this section, the Administration may not expunge any driving records before the expiration of the time they are required to be retained under § 16-819 of this title.

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