MARVIN MANDEL, Governor

1299

SHERIFF'S OFFICES, THE STATE'S ATTORNEY'S OFFICES, AND
THE ATTORNEY GENERAL'S OFFICE.

(E) "POLICE RECORDS" MEANS ALL OFFICIAL RECORDS
MAINTAINED BY A LAW ENFORCEMENT AGENCY PERTAINING TO THE
ARREST AND DETENTION OF OR FURTHER PROCEEDING AGAINST A
PERSON ON A CRIMINAL CHARGE OR FOR A SUSPECTED VIOLATION
OF A CRIMINAL LAW. IT DOES NOT INCLUDE INVESTIGATORY
FILES, POLICE WORK-PRODUCT RECORDS USED SOLELY FOR POLICE
INVESTIGATION PURPOSES, OR RECORDS PERTAINING TO
VIOLATIONS OF THE VEHICLE LAWS OF THE STATE OR OF ANY
OTHER TRAFFIC LAW, ORDINANCE, OR REGULATION.

736. EXPUNGEMENT OF POLICE RECORDS; RELEASE WITHOUT
CHARGE.

(A)    IF A PERSON IS ARRESTED, DETAINED, OR CONFINED
BY A LAW ENFORCEMENT AGENCY FOR A SUSPECTED VIOLATION OF
A CRIMINAL LAW OTHER THAN A VIOLATION OF THE VEHICLE LAWS
OF THE STATE OR ANY OTHER TRAFFIC LAW, ORDINANCE, OR
REGULATION, AND IS RELEASED WITHOUT BEING CHARGED WITH
THE COMMISSION OF A CRIME, HE MAY GIVE WRITTEN NOTICE OF
THESE FACTS TO ANY LAW ENFORCEMENT AGENCY WHICH HE
BELIEVES MAY HAVE POLICE RECORDS CONCERNING THAT ARREST,
DETENTION, OR CONFINEMENT, AND REQUEST THE EXPUNGEMENT OF
THOSE POLICE RECORDS.

(B)    THIS NOTICE MAY NOT BE GIVEN PRIOR TO THE
EXPIRATION OF THE STATUTE OF LIMITATIONS FOR TORT ACTIONS
ARISING FROM THE INCIDENT UNLESS THE PERSON ATTACHES TO
THE NOTICE A WRITTEN GENERAL WAIVER AND RELEASE, IN
PROPER LEGAL FORM, OF ALL [[CLAIM]] [[PROSPECTIVE
CLAIMS]] CLAIM HE MAY HAVE AGAINST ANY PERSON FOR
TORTIOUS CONDUCT ARISING FROM THE INCIDENT.
[[FURTHERMORE, THE LAW ENFORCEMENT AGENCY MAY EXPUNGE
POLICE RECORDS IT HAS CONCERNING THE ARREST. DETENTION.
OR CONFINEMENT OF THE PERSON ONLY IF ALL PRIOR CIVIL
CLAIMS HAVE BEEN FINALLY ADJUDICATED.]] THE NOTICE AND
WAIVER ARE NOT SUBJECT TO EXPUNGEMENT, BUT SHALL BE
MAINTAINED BY THE LAW ENFORCEMENT AGENCY AT LEAST UNTIL
THE EXPIRATION OF ANY APPLICABLE STATUTE OF LIMITATIONS.
THE NOTICE MUST BE GIVEN WITHIN EIGHT YEARS AFTER THE
DATE OF THE INCIDENT.

(C)    THE LAW ENFORCEMENT AGENCY SHALL, UPON RECEIPT
OF A TIMELY FILED NOTICE, PROMPTLY INVESTIGATE AND
ATTEMPT TO VERIFY THE FACTS STATED IN THE NOTICE. IF IT
FINDS THE FACTS TO BE VERIFIED, IT SHALL,

(1)    MAKE A DILIGENT SEARCH FOR ANY POLICE
RECORDS CONCERNING THAT ARREST, DETENTION, OR CONFINEMENT
OF THE PERSON;

(2)     WITHIN 60 DAYS AFTER RECEIPT OF THE