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Ch. 131 2002 LAWS OF MARYLAND
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(2) A person who is entitled to the expungement of a court record or a
police record that existed before July 1, 1975, may use the procedures for
expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this
subtitle begin when the person becomes entitled to expungement of a court record or
a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made
before July 1, 1975, and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for
expungement; but
(ii) need not expunge a court record or a police record that is not
found after a reasonable search.
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit
purposes;
(4) a transcript of court proceedings made by a court reporter in a
multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used
solely for police investigation.
10-103.
(a) A person who is arrested, detained, or confined by a law enforcement unit
for the suspected commission of a crime and then is released without being charged
with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the
person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b) (1) Except as provided in paragraph (2) of this subsection, a person may
not give notice under this subtitle before the statute of limitations expires for all tort
claims that arise from the incident.
(2) (i) A person may give notice before the statute of limitations
expires if the person attaches to the notice a written general waiver and release, in
legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
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