WILLIAM DONALD SCHAEFER, Governor                    Ch. 376

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

Article - Transportation

16-117.1.

(a)  (1) In this section the following words have the
meanings indicated.

(2)   "Criminal offense" does not include any violation
of the Maryland Vehicle Law.

(3)   "Moving violation" means a moving violation of
the Maryland Vehicle Law other than a violation of any of its
size, weight, load, equipment, or inspection provisions.

(b)  Except as provided in subsection (c) of this section,
if a licensee applies for the expungement of the licensee's
public driving record, the Administration shall expunge the
record if, at the time of application:

(1) THE LICENSEE DOES NOT HAVE CHARGES PENDING FOR
ALLEGEDLY COMMITTING A MOVING VIOLATION OR A CRIMINAL OFFENSE
INVOLVING A MOTOR VEHICLE; AND

[(1)] (2) (I) The licensee has not been convicted of
a moving violation or a criminal offense involving a motor
vehicle for the preceding 3 years, and the licensee's license
never has been suspended or revoked;

[(2)] (3) (II) The licensee has not been convicted
of a moving violation or a criminal offense involving a motor
vehicle for the preceding 5 years, and the licensee's record
shows not more than one suspension and no revocations; [or]

[(3)] (4) (III) WITHIN THE PRECEDING 10 YEARS:

1.  The licensee has not VIOLATED §
16-205.1 OF THIS ARTICLE OR been convicted of nor been granted
probation before judgment for a violation of § 21-902 of this
article nor;;

2.  THE LICENSEE'S DRIVING RECORD SHOWS NO
CONVICTIONS FROM ANOTHER JURISDICTION OF A MOVING VIOLATION
IDENTICAL OR SUBSTANTIALLY SIMILAR TO § 21-902 OF THIS ARTICLE;
AND

3. THE LICENSEE HAS NOT been convicted of
any other moving violation or criminal offense involving a motor
vehicle for the preceding 10 years, regardless of the number of
suspensions or revocations; OR

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