2368

LAWS OF MARYLAND

Ch. 863

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.

(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.

(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]]
PROBATION ON STAY OF ENTRY OF JUDGMENT, 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 pending an
appeal, advise the court and the person in writing of
compliance with the order.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved May 17, 1976.

CHAPTER 864
(House Bill 2084)
AN ACT concerning