Ch. 723

LAWS OF MARYLAND

(a) If a person is charged with the commission of a crime
and

(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, or

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

(c) With the exception of a petition based on subsection
(A)(4) OR (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 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)(4), THE
PETITION MAY BE FILED IMMEDIATELY AFTER THE NOLLE PROSEQUI IS
ENTERED. 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.

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

Approved May 27, 1988.

- 4770 -