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Session Laws, 1999
Volume 796, Page 276   View pdf image
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2. ANY OTHER LAW ENFORCEMENT AGENCY OR BOOKING
FACILITY THE LAW ENFORCEMENT AGENCY BELIEVES MAY HAVE POLICE RECORDS
CONCERNING THAT ARREST, DETENTION, OR CONFINEMENT; AND

3. THE INDIVIDUAL REQUESTING EXPUNGEMENT.

(d) The other law enforcement agency, BOOKING FACILITY, and the central
repository shall, within 30 days after receipt of the notice provided for in subsection
[(c)(3)] (C)(2)(III) OF THIS SECTION:

(1) Make a diligent search for any police records concerning the arrest,
detention, or confinement; and

(2) Expunge the police records it has concerning that arrest, detention,
or confinement.

(e) If the law enforcement agency to which the [person has] INDIVIDUAL
addressed [his] THE notice finds that the [person] INDIVIDUAL is not entitled to an
expungement of the police records, [it] THE LAW ENFORCEMENT AGENCY shall,
within 60 days after receipt of the notice, advise the [person] INDIVIDUAL in writing
of its denial of the request for expungement and of the reasons for its denial.

(f) (1) [A person] AN INDIVIDUAL whose request for expungement is denied
in accordance with subsection (e) OF THIS SECTION may, within 30 days after written
notice of the denial is mailed or otherwise delivered to [him] THE INDIVIDUAL, file an
application in the District Court having proper venue against the law enforcement
agency for an order of expungement.

(2) If the court finds, after a hearing held upon proper notice to the
agency, that the [person] INDIVIDUAL is entitled to expungement, [it] THE COURT
shall enter an order requiring the agency to comply with subsection (c) OF THIS
SECTION. Otherwise, [it] THE COURT shall deny the application. The agency is
deemed to be a party to the proceeding. All parties to the proceeding have the right of
appellate review on the record provided for in the Courts and Judicial Proceedings
Article with respect to appeals in civil cases from the District Court.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

Approved April 13, 1999.

CHAPTER 32
(Senate Bill 76)

AN ACT concerning

Department of State Police - Communication Systems - Responsibility

FOR the purpose of specifying certain communication systems for which the
Department of State Police is responsible with respect to connection with other

 

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Session Laws, 1999
Volume 796, Page 276   View pdf image
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