3092                                                VETOES

Vice President

Letter from Chief Judge Murphy on House Bill 122

May 29, 1974.

His Excellency Marvin Mandel
Governor
State House
Annapolis, Maryland 21404

Re: House Bill 122
Dear Governor Mandel:

House Bill 122 would provide for the expungement of
certain criminal records, essentially in situations in
which an individual is arrested but never charged;
acquitted; or is the recipient of some other relatively
favorable disposition of a criminal case, such as
probation without verdict, stet, nolle pros. The bill
also establishes certain procedures with respect to the
expungement of records.

I support the principle of this bill but after
careful analysis of its detailed provisions, I am forced
to conclude that it would impose procedural difficulties
on the judicial system which would be virtually
impossible to meet, even if we had available personnel
and money probably required to implement the bill.
Specific problems which would result should House Bill
122 be signed are well explained in Chief Judge Sweeney's
letter to you of this date, and I fully concur in Chief
Judge Sweeney's statement.

For these reasons, I feel I must ask that you veto
House Bill 122. I would hope, nevertheless, that your
administration might support a bill in the 1975 General
Assembly which would establish the principle of
expungement in appropriate cases while at the same time
removing some of the administrative and procedural
problems which would arise under House Bill 122. The
Administrative Office of the Courts will be more than
happy to cooperate with your staff and with the
appropriate legislative committee or committees in the
drafting of such a bill.

Respectfully,

/s/ Robert C. Murphy

Chief Judge

Letter from Chief Judge Sweeney on House Bill 122