1860

LAWS OF MARYLAND

Ch. 174

Expungement of Records

FOR the purpose of providing for the expungement of any records
of a complaint against a law enforcement officer when an
administrative hearing board acquits, dismisses, or finds
the officer not guilty of the charges and a certain length
of time has passed since the findings of the law enforcement
agency or administrative hearing board.

BY repealing and reenacting, with amendments,

Article 27 - Crimes and Punishments

Section 728(b)(12)(ii)

Annotated Code of Maryland

(1982 Replacement Volume and 1984 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

728.

(b) Whenever a law-enforcement officer is under
investigation or subjected to interrogation by a law-enforcement
agency, for any reason which could lead to disciplinary action,
demotion or dismissal, the investigation or interrogation shall
be conducted under the following conditions:

(12) (ii) A law enforcement officer, upon written
request, may have any record of a formal complaint made against
him expunged from any file if:

1.  The law enforcement agency
investigating the complaint has exonerated the officer of all
charges in the complaint, or determined that the charges were
unsustained or unfounded, OR AN ADMINISTRATIVE HEARING BOARD
ACQUITS, DISMISSES, OR MAKES A FINDING OF NOT GUILTY; and

2.  3 years have passed since the findings
by the law enforcement agency OR ADMINISTRATIVE HEARING BOARD.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1985.

Approved May 21, 1985.