Ch. 668

LAWS OF MARYLAND

[(d)] (E) 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 shall enter an order requiring the expungement of police
records and court records pertaining to the charge.

[(e)] (F) 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, 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.

[(f)] (G) The State's Attorney is a party to the
proceeding. Any party aggrieved by the decision of the court has
the right of appellate review provided in the Courts and Judicial
Proceedings Article.

[(g)] (H) Every custodian of the police records and court
records subject to the order shall, within 60 days after entry of
the order, unless it is stayed pending an appeal, advise the
court and the person in writing of compliance with the order.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

Approved May 25, 1989.

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