1298

LAWS OF MARYLAND

[Ch. 260

BY adding to

Article 27 - Crimes and Punishments

Section 735 through 741, to be under the new

subtitle "IV. Criminal Records"
Annotated Code of Maryland
(1971 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Sections 735 through 741, to be under
the new subtitle "IV. Criminal Records" be and they are
hereby added to Article 27 — Crimes and Punishments, of
the Annotated Code of Maryland (1971 Replacement Volume
and 1974 Supplement) to read as follows:

Article 27 — Crimes and Punishments

IV. CRIMINAL RECORDS

735. DEFINITIONS.

(A)    IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)      "COURT RECORDS" MEANS ALL OFFICIAL RECORDS
MAINTAINED BY THE CLERK OF A COURT OR OTHER COURT
PERSONNEL PERTAINING TO A CRIMINAL PROCEEDING. IT
INCLUDES INDICES, DOCKET ENTRIES, CHARGING DOCUMENTS,
PLEADINGS, MEMORANDA, TRANSCRIPTIONS OF PROCEEDINGS,
ELECTRONIC RECORDINGS, ORDERS, JUDGMENTS, AND DECREES.
IT DOES NOT INCLUDE RECORDS PERTAINING TO VIOLATIONS OF
THE VEHICLE LAWS OF THE STATE OR OF ANY OTHER TRAFFIC
LAW, ORDINANCE, OR REGULATION. IT DOES NOT INCLUDE
WRITTEN OPINIONS OF A COURT THAT HAVE BEEN PUBLISHED.

(C)    "EXPUNGEMENT", WITH RESPECT TO COURT RECORDS
OR POLICE RECORDS, MEANS THE EFFECTIVE REMOVAL OF THESE
RECORDS FROM PUBLIC INSPECTION,

(1)    BY OBLITERATION; OR

(2)    BY REMOVAL TO A SEPARATE SECURE AREA TO
WHICH THE PUBLIC AND OTHER PERSONS HAVING NO LEGITIMATE
REASON FOR BEING THERE ARE DENIED ACCESS; OR

(3)    IF EFFECTIVE ACCESS TO A RECORD CAN BE
OBTAINED ONLY BY REFERENCE TO OTHER RECORDS, BY THE
EXPUNGEMENT OF THE OTHER RECORDS, OR THE PART OF THEM
PROVIDING THE ACCESS.

(D)      "LAW ENFORCEMENT AGENCY" INCLUDES ANY STATE,
COUNTY, AND MUNICIPAL POLICE DEPARTMENT OR AGENCY,