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Session Laws, 1999
Volume 796, Page 275   View pdf image
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(III) [, or records] RECORDS pertaining to nonincarcerable
violations of the vehicle laws of the State or of any other traffic law, ordinance, or
regulation.

(f) "Crime of violence" has the meaning stated in § 643B(a) of this article.

(g) "Central repository" means the Criminal Justice Information System
Central Repository of the Department of Public Safety and Correctional Services.

736.

(a) If [a person] AN INDIVIDUAL is arrested, detained, or confined by a law
enforcement agency for a suspected violation of a criminal law other than a
nonincarcerable violation of the vehicle laws of the State or any other traffic law,
ordinance, or regulation, and is released without being charged with the commission
of a crime, [he] THE INDIVIDUAL may give written notice of these facts to any law
enforcement agency which [he] THE INDIVIDUAL believes may have police records
concerning that arrest, detention, or confinement, and request the expungement of
those police records.

(b) (1) This notice may not be given prior to the expiration of the statute of
limitations for tort actions arising from the incident unless the [person] INDIVIDUAL
attaches to the notice a written general waiver and release, in proper legal form, of all
claim he may have against any person for tortious conduct arising from the incident.

(2) The notice and waiver are not subject to expungement, but shall be
maintained by the law enforcement agency at least until the expiration of any
applicable statute of limitations.

(3) The notice must be given within eight years after the date of the

incident.

(c) (1) The law enforcement agency shall, upon receipt of a timely filed
notice, promptly investigate and attempt to verify the facts stated in the notice.

(2) If [it] THE LAW ENFORCEMENT AGENCY finds the facts to be
verified, it shall.

[(1)](I) Make a diligent search for any police records concerning that
arrest, detention, or confinement of the [person] INDIVIDUAL;

[(2)] (II) Within 60 days after receipt of the notice, expunge the police
records it has concerning that arrest, detention, or confinement; and

[(3) Notify any other law enforcement agency and the central repository it
believes may have police records concerning that arrest, detention, or confinement of
the notice and its verification of the facts contained in it. A copy of this notice shall be
sent to the person requesting expungement.]

(III) SEND A COPY OF THE NOTICE AND THE LAW ENFORCEMENT
AGENCY'S VERIFICATION OF THE FACTS CONTAINED IN THE NOTICE TO:

1. THE CENTRAL REPOSITORY;
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Session Laws, 1999
Volume 796, Page 275   View pdf image
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