WILLIAM DONALD SCHAEFER, Governor Ch. 628

(1)   [Is] THE PERSON 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, or

(6)  The case is compromised pursuant to Article 10, §
37 of this Code, or

(7)   [Is] THE PERSON 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 the police records, court records, and other
records maintained by the State of Maryland and its subdivisions,
pertaining to the charge].

(b)  The petition shall be filed in the court in which the
proceeding was commenced. If the proceeding was commenced in one
court and transferred to another court, the petition shall be
filed in the court to which the proceeding was transferred. If
the proceeding in a court of original jurisdiction was appealed
to a court exercising appellate jurisdiction, the petition shall
be filed in the appellate court. However, the appellate court may
remand the matter to the court of original jurisdiction.

(c)  With the exception of a petition based on
[subsection] SUBSECTIONS (A)(3) AND OR SUBSECTION (a)(7) of
this section, 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 CIRCUMSTANCE specified in subsection
(a)(1) or SUBSECTION (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)(3) OF
THIS SECTION, THE PETITION MAY NOT BE FILED EARLIER THAN THE
LATER OF: (1) 3 YEARS AFTER THE DATE OF THE JUDGMENT OR ORDER OF
PROBATION; OR (2) THE DATE OF THE PERSON'S DISCHARGE FROM
PROBATION. 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.

(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

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