1302

LAWS OF MARYLAND

[Ch. 260

(E) IF THE STATE'S ATTORNEY FILES A TIMELY
OBJECTION TO THE PETITION, THE COURT SHALL CONDUCT A
HEARING. IF THE COURT FINDS THAT THE PERSON IS ENTITLED
TO EXPUNGEMENT, IT SHALL ENTER AN ORDER REQUIRING THE
EXPUNGEMENT OF POLICE RECORDS AND ALL COURT RECORDS
PERTAINING TO THE CHARGE. OTHERWISE. IT SHALL DENY THE
PETITION. IF THE PETITION IS BASED UPON THE ENTRY OF A
JUDGMENT OF PROBATION WITHOUT FINDING A VERDICT, OR A
NOLLE PROSEQUI, OR PLACEMENT ON THE STET DOCKET, THE
PERSON IS NOT ENTITLED TO EXPUNGEMENT IF:

(1)    HE HAS SINCE BEEN CONVICTED OF ANY
CRIME, OTHER THAN VIOLATIONS OF THE STATE VEHICLE LAWS OR
OTHER TRAFFIC LAWS, ORDINANCES, OR REGULATIONS NOT
CARRYING A POSSIBLE SENTENCE OF IMPRISONMENT, OR

(2)    HE IS THEN A DEFENDANT IN A PENDING
CRIMINAL PROCEEDING.

(F) THE STATE'S ATTORNEY IS A PARTY TO THE
PROCEEDING. ANY PARTY AGGRIEVED BY THE DECISION OF THE
COURT HAS THE RIGHT OF APPELLATE REVIEW PROVIDED IN THE
COURTS AND JUDICIAL PROCEEDINGS ARTICLE.

(G) EVERY CUSTODIAN OF THE POLICE RECORDS AND
COURT RECORDS SUBJECT TO THE ORDER SHALL, WITHIN 30 DAYS
AFTER ENTRY OF THE ORDER, UNLESS IT IS STAYED [[PENDNG]]
PENDING AN APPEAL, ADVISE THE COURT AND THE PERSON IN
WRITING OF COMPLIANCE WITH THE ORDER.

738. CONSOLIDATED CHARGES.

FOR PURPOSES OF THIS SUBTITLE, TWO OR MORE CHARGES
ARISING FROM THE SAME INCIDENT, TRANSACTION, OR SET OF
FACTS, SHALL BE CONSIDERED AS A UNIT. IF A PERSON IS NOT
ENTITLED TO AN EXPUNGEMENT OF ANY ONE CHARGE OF A UNIT,
HE IS NOT ENTITLED TO EXPUNGEMENT OF THE OTHER CHARGES IN
THE UNIT.

7 39. DISCLOSURE OF EXPUNGED RECORDS.

(A)    IT IS UNLAWFUL FOR ANY PERSON HAVING OR
ACQUIRING ACCESS TO AN EXPUNGED RECORD TO OPEN OR REVIEW
IT OR TO DISCLOSE TO ANOTHER PERSON ANY INFORMATION FROM
IT WITHOUT AN ORDER FROM THE COURT WHICH ORDERED THE
RECORD EXPUNGED, OR, IN THE CASE OF POLICE RECORDS
EXPUNGED PURSUANT TO § 736, THE DISTRICT COURT HAVING
VENUE.

(B)    EXCEPT AS PROVIDED IN SUBSECTION (C), A COURT
SHALL NOT ENTER AN ORDER AUTHORIZING THE OPENING OR
REVIEW OF AN EXPUNGED RECORD OR THE DISCLOSURE OF
INFORMATION FROM IT EXCEPT AFTER A HEARING HELD UPON
NOTICE TO THE PERSON TO WHOM THE RECORD PERTAINS AND UPON