PARRIS N. GLENDENING, Governor

Ch. 613

(4)     A nolle prosequi is entered,

(5)     The proceeding is placed on the stet docket,

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

(7)     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, or

(8)     The charge was transferred to Juvenile Court jurisdiction under § 594A
of this article.

(b)     (1) [A] IF A CRIMINAL CHARGE WAS TRANSFERRED TO THE JUVENILE
COURT UNDER § 594A OF THIS ARTICLE, A court shall grant a petition [under
subsection (a)(8) of this section] FOR EXPUNGEMENT if:

(i) The charge transferred under § 594A of this article did not result
in the filing of a petition under § 3-810 of the Courts and Judicial Proceedings Article; or

(ii) The charge did result in the filing of a petition under § 3-810 of
the Courts and Judicial Proceedings Article but the decision on the petition was a finding
of facts-not-sustained.

(2) (I) A PETITION FOR EXPUNGEMENT OF A CRIMINAL CHARGE
TRANSFERRED TO THE JUVENILE COURT UNDER § 594A OF THIS ARTICLE MAY BE
FILED AT ANY TIME AFTER:

1.       IF A PETITION IS NOT FILED UNDER § 3-810 OF THE
COURTS ARTICLE, THE DATE OF THE DECISION NOT TO FILE A PETITION; OR

2.       IF A PETITION IS FILED UNDER § 3-810 OF THE COURTS
ARTICLE, THE DECISION ON A PETITION OF FACTS-NOT-SUSTAINED.

[(2)] (II) If a charge transferred under § 594A of this article resulted in the
filing of a petition under § 3-810 of the Courts and Judicial Proceedings Article and the
adjudication of the child as delinquent, the court may grant a petition [of] FOR
expungement [ under subsection (a)(8) of this section] on or after the 21st birthday of the
petitioner.

(c)     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.

[(d) (1) With the exception of a petition based on subsection (a)(3), (4), (7), or
(8) 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 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

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