MARVIN MANDEL,

Governor

2367

BY repealing and reenacting, with amendments,

Article 27 — Crimes and Punishments

Section 737

Annotated Code of Maryland

(1971 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 737 of Article 27 - Crimes and
Punishments, of the Annotated Code of Maryland (1971
Replacement Volume and 1975 Supplement) be and it is
hereby repealed and reenacted, with amendments, to read
as follows:

Article 27 — Crimes and Punishments

737.

(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

(3)    A judgment of probation without finding
a verdict OR PROBATION ON STAY OF ENTRY OF JUDGMENT 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)    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, EXCEPT FOR AN
ACQUITTAL ON GROUNDS OF INSANITY, 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