HARRY HUGHES, Governor 4759
(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,
(6) The case is compromised pursuant to Article
10, § 37 of this Code, OR
(7) IS CONVICTED OF ONLY ONE CRIMINAL ACT, WHICH
IS NOT A CRIME OF VIOLENCE, AND IS SUBSEQUENTLY GRANTED A
FULL AND UNCONDITIONAL PARDON BY THE GOVERNOR, he may file a
petition setting forth the relevant facts and requesting
expungement of [both] the police records [and the], court
records, AND OTHER RECORDS MAINTAINED BY THE STATE OF
MARYLAND AND ITS SUBDIVISIONS, pertaining to the charge.
(c) [The] WITH THE EXCEPTION OF A PETITION BASED ON
SUBSECTION (A)(7) OF THIS SECTION, 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. WITH RESPECT TO SUBSECTION (A)(7), THE PETITION MAY
NOT BE FILED EARLIER THAN 5 YEARS NOR LATER THAN 10 YEARS
AFTER THE PARDON WAS SIGNED BY THE GOVERNOR.
(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, OR A FULL
AND UNCONDITIONAL PARDON BY THE GOVERNOR, 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
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