Ch. 592

LAWS OF MARYLAND

expungement of the police records, court records, and other
records maintained by the State of Maryland and its subdivisions,
pertaining to the charge.

(c) (1) With the exception of a petition based on
subsection (a)(7) of this section OR A PETITION FILED UNDER
PARAGRAPH (2) OF THIS SUBSECTION, the petition may not be filed
earlier than 3 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 claims he may have against any person for tortious conduct
arising from the charge. With respect to subsection (a)(7) OF
THIS SECTION, the petition may not be filed earlier than 5 years
nor later than 10 years after the pardon was signed by the
Governor.

(2) THE COURT MAY GRANT A PETITION FOR EXPUNGEMENT AT
ANY TIME UPON A SHOWING OF GOOD CAUSE BY THE PETITIONER.

(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

(2)  He is then a defendant in a pending criminal
proceeding.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 27, 1988.

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