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2487
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HARRY HUGHES, Governor
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law of this State or the laws of the United States or of any
other state relating to controlled dangerous substances defined
in this subheading, pleads guilty to or is found guilty of any of
the offenses specified in this subheading, the court, if
satisfied that the best interests of the person and the welfare
of the people of this State would be served thereby may, with the
consent of such person stay the entering of the judgment of
guilt, defer further proceedings, and place such person on
probation subject to such reasonable terms and conditions as may
be appropriate and may in addition require that such person
undergo inpatient or outpatient treatment for drug abuse. THE
TERMS AND CONDITIONS MAY INCLUDE ORDERING THE PERSON TO PAY A
FINE TO THE STATE. ANY FINE IMPOSED SHALL BE WITHIN THE AMOUNT
PRESCRIBED BY LAW FOR A VIOLATION RESULTING IN CONVICTION. By
consenting to and receiving a stay of entering of the judgment of
guilt as provided by this subsection, the person waives all
rights to appeal from the judgment of guilt by 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 to and receiving the stay of entry of judgment, he
waives the right to appeal from the judgment of 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.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
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May 31, 1983
The Honorable Benjamin L. Cardin
Speaker of the House of Delegates
State House
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