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S.B. 215
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VETOES
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Police and Criminal Records - Expungement of Records - Nolle Prosequi
Before Service
FOR the purpose of authorizing the court District Court to order expungement of
certain records relating to certain criminal charges if the State enters a nolle
prosequi as to all charges on a District Court charging document that in a
criminal case within the .jurisdiction of the District Court with which a
defendant has not been served on a defendant, unless the State objects and
shows cause why a record should not be expunged; prohibiting o court the
District Court from assessing costs against a defendant for certain proceedings;
and generally relating to the expungement of records under certain
circumstances.
BY adding to
Article 27 - Crimes and Punishments
Section 736A
Annotated Code of Maryland
(1996 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 27 - Crimes and Punishments
736A.
(A) UNLESS THE STATE OBJECTS AND SHOWS CAUSE WHY A RECORD SHOULD
NOT BE EXPUNGED, IF THE STATE ENTERS A NOLLE PROSEQUI AS TO ALL CHARGES
ON A DISTRICT COURT CRIMINAL CHARGING DOCUMENT THAT IN A CRIMINAL CASE
WITHIN THE JURISDICTION OF THE DISTRICT COURT WITH WHICH A DEFENDANT
HAS NOT BEEN SERVED ON A DEFENDANT, THE DISTRICT COURT MAY ORDER
EXPUNGEMENT OF ANY COURT RECORD, POLICE RECORD, OR ANY OTHER RECORD
THAT THE STATE OR A POLITICAL SUBDIVISION OF THE STATE KEEPS AS TO THE
CHARGES.
(B) A THE DISTRICT COURT MAY NOT ASSESS ANY COSTS AGAINST A
DEFENDANT FOR A PROCEEDING UNDER SUBSECTION (A) OF THIS SECTION.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2000.
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May 18, 2000
The Honorable Thomas V. Mike Miller, Jr.
President of the Senate
State House
Annapolis MD 21401
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland Constitution, I have today
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- 3790 -
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