HARRY HUGHES, Governor

1593

(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,
or

(6)  THE CASE IS COMPROMISED PURSUANT TO ARTICLE
10, § 37 OF THIS CODE,

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 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