BLAIR LEE III, Acting Governor

2791

THE COURT AT ANY TIME. PRIOR TO THE PERSON CONSENTING TO
THE STAY OF ENTERING OF THE JUDGMENT OF GUILT, THE COURT

SHALL NOTIFY THE PERSON THAT BY CONSENTING, HE WAIVES ALL

RIGHTS CONSENTING TO AND RECEIVING THE STAY OF ENTRY OF

JUDGMENT, HE WAIVES THE RIGHT TO APPEAL FROM THE JUDGMENT OF
THE GUILT BY THE COURT AT ANY TIME. Upon violation of a
term or condition, the court may enter a judgment of
conviction and proceed as otherwise provided. Upon
fulfillment of the terms and conditions, the court shall
discharge such person and dismiss the proceedings against
him. Discharge and dismissal under this section shall be
without a judgment of conviction and shall not be deemed a
conviction for purposes of disqualifications or disabilities
imposed by the law upon conviction of a crime including the
additional penalties imposed for second or subsequent
convictions under § 293 of this subheading. Discharge and
dismissal under this section may occur only once with
respect to any person and in addition any public criminal
record in any such case shall be expunged upon the
satisfactory completion of any such period of probation.
Any expunged arrest and/or conviction shall not thereafter
be regarded as an arrest or conviction for purposes of
employment, civil rights, or any statute or regulation or
license or questionnaire or any other public or private
purpose, provided that any such conviction shall continue to
constitute an offense for purposes of this subheading or any
other criminal statute under which the existence of a prior
conviction is relevant.

641.

(a) (1) Whenever a person accused of a crime pleads
guilty or nolo contendere or is found guilty of an offense,
a court exercising criminal jurisdiction, if satisfied that
the test interests of the person and the welfare of the
people of the State would be served thereby, and with the
written consent of the person after determination of guilt
or acceptance of a nolo contendere plea, may stay the
entering of judgment, defer further proceedings, and place
the person on probation subject to reasonable terms and
conditions as appropriate. The terms and conditions may
include ordering the person to make restitution, but before
the court orders restitution the person is entitled to
notice and a hearing to determine the amount of restitution,
what payment will be required, and how payment will be made.
The terms and conditions also may include, any type of
rehabilitation program or clinic, including but not limited
to the driving while intoxicated school, or similar program,
or the parks program or voluntary hospital program.

(2) BY CONSENTING TO AND RECEIVING A STAY OF
ENTERING OF THE JUDGMENT AS PROVIDED BY THIS SUBSECTION, THE

PERSON WAIVES ALL RIGHTS THE RIGHT TO APPEAL FROM THE

JUDGMENT OF OF GUILT BY THE COURT AT ANY TIME. PRIOR TO THE
PERSON CONSENTING TO THE STAY OF ENTERING OF THE JUDGMENT,
THE COURT SHALL NOTIFY THE PERSON THAT BY CONSENTING, HE

WAIVES ALL RIGHTS CONSENTING TO AND RECEIVING A STAY OF

ENTRY OF JUDGMENT, HE WAIVES THE RIGHT TO APPEAL FROM THE