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Session Laws, 1996
Volume 794, Page 3554   View pdf image
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Ch. 613                                    1996 LAWS OF MARYLAND

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)(4), the petition may be filed immediately after
the nolle prosequi is entered. With respect to subsection (a)(7) of this section, the
petition may not be filed earlier than 5 years nor later than 10 years after the pardon was
signed by the Governor.

(2) The court may grant a petition for expungement at any time upon a
showing of good cause by the petitioner.]

(D)    (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A
PETITION FOR EXPUNGEMENT BASED ON THE FOLLOWING DISPOSITIONS MAY NOT
BE FILED EARLIER THAN 3 YEARS AFTER THE DATE OF THE DISPOSITION:

(I)      AN ACQUITTAL;

(II) A NOLLE PROSEQUI; OR

(III) A DISMISSAL OR QUASHING OF A CHARGE

(2) (I) A PETITION FOR EXPUNGEMENT BASED ON THE DISPOSITIONS
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION MAY BE FILED EARLIER THAN 3
YEARS AFTER THE DATE OF THE DISPOSITION IF THE PERSON FILES WITH THE
PETITION A WRITTEN GENERAL WAIVER AND RELEASE, IN PROPER LEGAL FORM
OF ALL CLAIMS THE PERSON MAY HAVE AGAINST ANY PERSON FOR TORTIOUS
CONDUCT ARISING FROM THE CHARGE.

(II)    NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I)
OF THIS PARAGRAPH, A PETITION FOR EXPUNGEMENT MAY NOT BE FILED EARLIER
THAN 3 YEARS AFTER ACQUITTAL IF THE ACQUITTAL WAS ON THE GROUNDS OF A
VERDICT OF NOT CRIMINALLY RESPONSIBLE

(E)     A PETITION FOR EXPUNGEMENT BASED ON A PROBATION BEFORE
JUDGMENT MAY NOT BE FILED EARLIER THAN 3 YEARS AFTER THE LATER OF:

(1)     3 YEARS AFTER THE DATE OF THE ENTRY OF JUDGMENT OR ORDER
OF PROBATION; OR

(2)     THE DATE OF THE PERSON'S DISCHARGE FROM PROBATION.

(F)     A PETITION FOR EXPUNGEMENT BASED ON A FULL AND UNCONDITIONAL
PARDON BY THE GOVERNOR FOR A CONVICTION FOR ONLY ONE CRIMINAL ACT
WHICH IS NOT A CRIME OF VIOLENCE MAY NOT BE FILED EARLIER THAN 5 YEARS
NOR LATER THAN 10 YEARS AFTER THE PARDON WAS SIGNED BY THE GOVERNOR.

(G)    A PETITION FOR EXPUNGEMENT BASED ON THE ENTRY OF A STET OR A
COMPROMISE UNDER ARTICLE 10, § 37 OF THE CODE MAY NOT BE FILED EARLIER
THAN 3 YEARS AFTER THE JUDGMENT OR ORDER WAS ENTERED.

(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A COURT
MAY GRANT A PETITION FOR EXPUNGEMENT AT ANY TIME ON A SHOWING OF
GOOD CAUSE BY THE PETITIONER.

- 3554 -

 

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Session Laws, 1996
Volume 794, Page 3554   View pdf image
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