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1300
LAWS OF MARYLAND
[Ch. 260
NOTICE, EXPUNGE THE POLICE RECORDS IT HAS CONCERNING THAT
ARREST, DETENTION, OR CONFINEMENT; AND
(3) NOTIFY ANY OTHER LAW ENFORCEMENT AGENCY
IT BELIEVES MAY HAVE POLICE RECORDS CONCERNING THAT
ARREST, DETENTION, OR CONFINEMENT OF THE NOTICE AND ITS
VERIFICATION OF THE FACTS CONTAINED IN IT. A COPY OF
THIS NOTICE SHALL BE SENT TO THE PERSON REQUESTING
EXPUNGEMENT.
(D) THE OTHER LAW ENFORCEMENT AGENCY SHALL, WITHIN
30 DAYS AFTER RECEIPT OF THE NOTICE PROVIDED FOR IN
SUBSECTION [[(B)]] (C)(3) ,
(1) MAKE A DILIGENT SEARCH FOR ANY POLICE
RECORDS CONCERNING THE ARREST, DETENTION, OR CONFINEMENT;
AND
(2) EXPUNGE THE POLICE RECORDS IT HAS
CONCERNING THAT ARREST, DETENTION, OR CONFINEMENT.
(E) IF THE LAW ENFORCEMENT AGENCY TO WHICH THE
PERSON HAS ADDRESSED HIS NOTICE FINDS THAT THE PERSON IS
NOT ENTITLED TO AN EXPUNGEMENT OF THE POLICE RECORDS, IT
SHALL, WITHIN 60 DATS AFTER RECEIPT OF THE NOTICE, ADVISE
THE PERSON IN WRITING OF ITS DENIAL OF THE REQUEST FOR
EXPUNGEMENT AND OF THE REASONS FOR ITS DENIAL.
(F) A PERSON WHOSE REQUEST FOR EXPUNGEMENT IS
DENIED IN ACCORDANCE WITH SUBSECTION (E) MAY, WITHIN 30
DAYS AFTER WRITTEN NOTICE OF THE DENIAL IS MAILED OR
OTHERWISE DELIVERED TO HIM, FILE AN APPLICATION IN THE
DISTRICT COURT HAVING PROPER VENUE AGAINST THE LAW
ENFORCEMENT AGENCY FOR AN ORDER OF EXPUNGEMENT. IF THE
COURT FINDS, AFTER A HEARING HELD UPON PROPER NOTICE TO
THE AGENCY, THAT THE PERSON IS ENTITLED TO EXPUNGEMENT,
IT SHALL ENTER AN ORDER REQUIRING THE AGENCY TO COMPLY
WITH SUBSECTION [[(B)]] (C). OTHERWISE, IT SHALL DENY THE
APPLICATION. THE AGENCY IS DEEMED TO BE A PARTY TO THE
PROCEEDING. ALL PARTIES TO THE PROCEEDING HAVE THE RIGHT
OF APPELLATE REVIEW ON THE RECORD PROVIDED FOR IN THE
COURTS AND JUDICIAL PROCEEDINGS ARTICLE WITH RESPECT TO
APPEALS IN CIVIL CASES FROM THE DISTRICT COURT.
737. EXPUNGEMENT OF POLICE AND COURT RECORDS.
(A) IF A PERSON IS CHARGED WITH THE COMMISSION OF
A CRIME AND
(1) IS ACQUITTED, OR
(2) THE CHARGE IS OTHERWISE DISMISSED OR
QUASHED, OR
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