MARVIN MANDEL, Governor

1301

(3)    A JUDGMENT OF PROBATION WITHOUT FINDING
A VERDICT IS ENTERED, OR

(4)    A NOLLE PROSEQUI IS ENTERED, OR

(5)     THE PROCEEDING IS PLACED ON THE STET
DOCKET,

HE MAY FILE A PETITION SETTING FORTH THE RELEVANT FACTS
AND REQUESTING EXPUNGEMENT OF BOTH THE POLICE RECORDS AND
THE COURT RECORDS PERTAINING TO THE CHARGE.

(B)     THE PETITION SHALL BE FILED IN THE COURT IN
WHICH THE PROCEEDING WAS COMMENCED. IF THE PROCEEDING
WAS COMMENCED IN ONE COURT AND TRANSFERRED TO ANOTHER
COURT, THE PETITION SHALL BE FILED IN THE COURT TO WHICH
THE PROCEEDING WAS TRANSFERRED. IF THE PROCEEDING IN A
COURT OF ORIGINAL JURISDICTION WAS APPEALED TO A COURT
EXERCISING APPELLATE JURISDICTION, THE PETITION SHALL BE
FILED IN THE APPELLATE COURT. HOWEVER, THE APPELLATE
COURT MAY REMAND THE MATTER TO THE COURT OF ORIGINAL
JURISDICTION.

(C)    [[(1) IN THE CASE OF A PROCEEDING PLACED ON
THE STET DOCKET, OR WHEN A NOLLE PROSEQUI IS ENTERED, OR
WHEN A JUDGMENT OF PROBATION WITHOUT FINDING A VERDICT IS
ENTERED,]] THE PETITION MAY NOT BE FILED EARLIER THAN
THREE YEARS NOR LATER THAN EIGHT YEARS AFTER THE DATE THE
JUDGMENT OR ORDER WAS ENTERED OR THE ACTION WAS TAKEN
WHICH TERMINATED THE PROCEEDING. HOWEVER, THE THREE YEAR
WAITING PERIOD DOES NOT APPLY TO A CHARGE SPECIFIED IN
SUBSECTION (A)(1) OR (A)(2) IF A PERSON FILES, WITH THE
PETITION, A WRITTEN GENERAL WAIVER AND RELEASE. IN PROPER
LEGAL FORM, OF ALL CLAIM HE MAY HAVE AGAINST ANY PERSON
FOR TORTIOUS CONDUCT ARISING FROM THE CHARGE.

[[(2) IN THE CASE OF AN ACQUITTAL, OR WHEN THE
CHARGE IS DISMISSED OR QUASHED, THE PETITION MAY BE FILED
IMMEDIATELY. HOWEVER, THE COURT MAY NOT ENTER AN ORDER
REQUIRING THE EXPUNGEMENT OF POLICE RECORDS OR COURT
RECORDS IN THESE CASES UNLESS THE PERSON FILES WITH THE
PETITION A WRITTEN GENERAL WAIVER AND RELEASE, IN PROPER
LEGAL FORM, OF ALL PROSPECTIVE CLAIMS HE MAY HAVE AGAINST
ANY PERSON FOR TORTIOUS CONDUCT ARISING FROM THE CHARGE.
FURTHERMORE, THE COURT MAY ENTER AN ORDER REQUIRING THE
EXPUNGEMENT OF THESE RECORDS ONLY IF ALL PRIOR CIVIL
CLAIMS HAVE BEEN FINALLY ADJUDICATED.]]

(D)    A COPY OF THE PETITION SHALL BE SERVED ON THE
STATE'S ATTORNEY. UNLESS THE STATE'S ATTORNEY FILES AN
OBJECTION TO THE PETITION WITHIN 30 DAYS AFTER IT IS
SERVED ON HIM, THE COURT SHALL ENTER AN ORDER REQUIRING
THE EXPUNGEMENT OF POLICE RECORDS AND COURT RECORDS
PERTAINING TO THE CHARGE.