3566

VETOES

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, 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 60 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.

Article 10 - Attorneys at Law and Attorneys in Fact

37.

In cases where recognizances to prosecute have been
entered into, and before presentment or indictment found,
the several courts of this State having jurisdiction of
crimes and offenses, upon the motion of the State's
attorney, with the consent of the parties injured and
accused, may compromise any assault and battery, the party
accused paying the same costs as would have been incurred by
the finding a true bill and plea of guilty; provided, such
court shall consider it proper in reference to the peace of
the State so to do.