2017 Maryland Code
Criminal Procedure
Title 10 - Criminal Records
Subtitle 1 - Expungement of Police and Court Records
§ 10-110. Petition for expungement.

  • (a) Expungement for certain misdemeanors. -- 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 a misdemeanor that is a violation of:
    • (1) § 6-320 of the Alcoholic Beverages Article;
    • (2) an offense listed in § 17-613(a) of the Business Occupations and Professions Article;
    • (3) § 5-712, § 19-304, § 19-308, or Title 5, Subtitle 6 or Subtitle 9 of the Business Regulation Article;
    • (4) § 3-1508 or § 10-402 of the Courts Article;
    • (5) § 14-1915, § 14-2902, or § 14-2903 of the Commercial Law Article;
    • (6) § 5-211 of this article;
    • (7) § 3-203 or § 3-808 of the Criminal Law Article;
    • (8) § 5-601 not involving the use or possession of marijuana, § 5-618, § 5-619, § 5-620, § 5-703, § 5-708, or § 5-902 of the Criminal Law Article;
    • (9) § 6-105, § 6-108, § 6-206, § 6-303, § 6-306, § 6-307, § 6-402, or § 6-503 of the Criminal Law Article;
    • (10) § 7-104, § 7-203, § 7-205, § 7-304, § 7-308, or § 7-309 of the Criminal Law Article;
    • (11) § 8-103, § 8-206, § 8-401, § 8-402, § 8-404, § 8-406, § 8-408, § 8-503, § 8-521, § 8-523, or § 8-904 of the Criminal Law Article;
    • (12) § 9-204, § 9-205, § 9-503, or § 9-506 of the Criminal Law Article;
    • (13) § 10-110, § 10-201, § 10-402, § 10-404, or § 10-502 of the Criminal Law Article;
    • (14) § 11-306(a) of the Criminal Law Article;
    • (15) § 12-102, § 12-103, § 12-104, § 12-105, § 12-109, § 12-203, § 12-204, § 12-205, or § 12-302 of the Criminal Law Article;
    • (16) § 13-401, § 13-602, or § 16-201 of the Election Law Article;
    • (17) § 4-509 of the Family Law Article;
    • (18) § 18-215 of the Health - General Article;
    • (19) § 4-411 or § 4-2005 of the Human Services Article;
    • (20) § 27-403, § 27-404, § 27-405, § 27-406, § 27-406.1, § 27-407, § 27-407.1, or § 27-407.2 of the Insurance Article;
    • (21) § 5-307, § 5-308, § 6-602, § 7-402, or § 14-114 of the Public Safety Article;
    • (22) § 7-318.1, § 7-509, or § 10-507 of the Real Property Article;
    • (23) § 9-124 of the State Government Article;
    • (24) § 13-1001, § 13-1004, § 13-1007, or § 13-1024 of the Tax - General Article;
    • (25) the common law offenses of affray, rioting, criminal contempt, battery, or hindering; or
    • (26) an attempt, a conspiracy, or a solicitation of any offense listed in items (1) through (25) of this subsection.
  • (b) Where to file. --
    • (1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition for expungement in the court in which the proceeding began.
    • (2)
      • (i) Except as provided in subparagraph (ii) of this paragraph, if the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
      • (ii) If the proceeding began in one court and was transferred to the juvenile court under § 4-202 or § 4-202.2 of this article, the person shall file the petition in the court of original jurisdiction from which the order of transfer was entered.
    • (3)
      • (i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
      • (ii) The appellate court may remand the matter to the court of original jurisdiction.
  • (c) Time for filing. --
    • (1) Except as provided in paragraph (2) of this subsection, a petition for expungement under this section may not be filed earlier than 10 years after the person satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.
    • (2) A petition for expungement for a violation of § 3-203 of the Criminal Law Article, common law battery, or for an offense classified as a domestically related crime under § 6-233 of this article may not be filed earlier than 15 years after the person satisfies the sentence or sentences imposed for all convictions for which expungement is requested, including parole, probation, or mandatory supervision.
  • (d) Effect of conviction of new crime. --
    • (1) If the person is convicted of a new crime during the applicable time period set forth in subsection (c) of this section, the original conviction or convictions are not eligible for expungement unless the new conviction becomes eligible for expungement.
    • (2) A person is not eligible for expungement if the person is a defendant in a pending criminal proceeding.
    • (3) If a person is not eligible for expungement of one conviction in a unit, the person is not eligible for expungement of any other conviction in the unit.
  • (e) Service of petition. --
    • (1) The court shall have a copy of a petition for expungement served on the State's Attorney.
    • (2) The court shall send written notice of the expungement request to each listed victim in the case in which the petitioner is seeking expungement at the address listed in the court file, advising the victim of the right to offer additional information relevant to the expungement petition to the court.
    • (3) Unless the State's Attorney or a victim files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungement of all police records and court records about the charge.
  • (f) Objection to petition; hearing; order of expungement. --
    • (1) If the State's Attorney or a victim files a timely objection to the petition, the court shall hold a hearing.
    • (2) The court shall order the expungement of all police records and court records about the charge after a hearing, if the court finds and states on the record:
      • (i) that the conviction is eligible for expungement under subsection (a) of this section;
      • (ii) that the person is eligible for expungement under subsection (d) of this section;
      • (iii) that giving due regard to the nature of the crime, the history and character of the person, and the person's success at rehabilitation, the person is not a risk to public safety; and
      • (iv) that an expungement would be in the interest of justice.
  • (g) Denial of petition of expungement. -- If at a hearing the court finds that a person is not entitled to expungement, the court shall deny the petition.
  • (h) Report of compliance with expungement order. -- Unless an order is stayed pending appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
  • (i) Parties; review. --
    • (1) The State's Attorney is a party to the proceeding.
    • (2) A party aggrieved by the decision of the court is entitled to the appellate review as provided in the Courts Article.
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