MARVIN MANDEL, Governor

1303

GOOD CAUSE SHOWN.

(C) UPON A VERIFIED PETITION FILED BY THE STATE'S
ATTORNEY ALLEGING THAT THE RECORD IS NEEDED BY A LAW
ENFORCEMENT AGENCY FOR PURPOSES OF A PENDING CRIMINAL
INVESTIGATION AND THAT THE INVESTIGATION WILL BE
JEOPARDIZED OR THAT LIFE OR PROPERTY WILL BE ENDANGERED
WITHOUT IMMEDIATE ACCESS TO THE RECORD, THE COURT MAY
ENTER AN EX PARTE ORDER, WITHOUT NOTICE TO THE PERSON,
PERMITTING SUCH ACCESS. AN EX PARTE ORDER MAY PERMIT A
REVIEW OF THE RECORD, BUT MAY NOT PERMIT A COPY TO BE
MADE OF IT.

(D) A PERSON WHO VIOLATES THIS SECTION IS GUILTY
OF A MISDEMEANOR, AND, UPON CONVICTION, IS SUBJECT TO A
FINE OF NOT MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE
THAN ONE YEAR, OR BOTH. IF THE PERSON IS AN OFFICIAL OR
EMPLOYEE OF THE STATE OR OF ANY SUBDIVISION OF THE STATE,
HE SHALL, IN ADDITION TO THESE PENALTIES, BE SUBJECT TO
REMOVAL OR DISMISSAL FROM PUBLIC SERVICE ON GROUNDS OF
MISCONDUCT IN OFFICE.

740. PROHIBITED [[EMPLOYMENT PRACTICES]] PRACTICES BY
EMPLOYERS AND EDUCATIONAL INSTITUTIONS.

(A)     AN EMPLOYER OR EDUCATIONAL INSTITUTION MAY
NOT, IN ANY APPLICATION, INTERVIEW, OR OTHERWISE, REQUIRE
AN APPLICANT FOR EMPLOYMENT OR ADMISSION TO DISCLOSE
INFORMATION CONCERNING CRIMINAL CHARGES AGAINST HIM THAT
HAVE BEEN EXPUNGED. AN APPLICANT NEED NOT, IN ANSWER TO
ANY QUESTION CONCERNING CRIMINAL CHARGES THAT HAVE NOT
RESULTED IN A CONVICTION, INCLUDE A REFERENCE TO OR
INFORMATION CONCERNING CHARGES THAT HAVE BEEN EXPUNGED.
AN EMPLOYER MAY NOT DISCHARGE OR REFUSE TO HIRE A PERSON
SOLELY BECAUSE OF HIS REFUSAL TO DISCLOSE INFORMATION
CONCERNING CRIMINAL CHARGES AGAINST HIM THAT HAVE BEEN
EXPUNGED.

(B)     AGENCIES, OFFICIALS, AND EMPLOYEES OF THE
STATE AND LOCAL GOVERNMENTS MAY NOT, IN ANY APPLICATION,
INTERVIEW, OR OTHERWISE, REQUIRE AN APPLICANT FOR A
LICENSE, PERMIT, REGISTRATION, OR GOVERNMENTAL SERVICE TO
DISCLOSE INFORMATION CONCERNING CRIMINAL CHARGES AGAINST
HIM THAT HAVE BEEN EXPUNGED. AN APPLICANT NEED NOT, IN
ANSWER TO ANY QUESTION CONCERNING CRIMINAL CHARGES THAT
HAVE NOT RESULTED IN A CONVICTION, INCLUDE A REFERENCE TO
OR INFORMATION CONCERNING CHARGES THAT HAVE BEEN
EXPUNGED. SUCH AN APPLICATION MAY NOT BE DENIED SOLELY
BECAUSE OF THE APPLICANT'S REFUSAL TO DISCLOSE
INFORMATION CONCERNING CRIMINAL CHARGES AGAINST HIM THAT
HAVE BEEN EXPUNGED.

(C)     A PERSON WHO VIOLATES THIS SECTION IS GUILTY
OF A MISDEMEANOR, AND, UPON CONVICTION, IS SUBJECT TO A