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Ch. 131
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PARRIS N. GLENDENING, Governor
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(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a
person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another
court, the person shall file the petition in the court to which the proceeding was
transferred.
(3) (i) If the proceeding in a court of original jurisdiction was appealed
to a court exercising appellate jurisdiction, the person shall file the petition in the
appellate court.
(ii) The appellate court may remand the matter to the court of
original jurisdiction.
(c) (1) A petition for expungement based on an acquittal, a nolle prosequi, or
a dismissal may not be filed within 3 years after the disposition, unless the petitioner
files with the petition a written general waiver and release of all the petitioner's tort
claims arising from the charge.
(2) A petition for expungement based on a probation before judgment
may not be filed until either:
(i) the petitioner has been discharged from probation; or
(ii) 3 years have passed since the probation was granted.
(3) A petition for expungement based on a full and unconditional pardon
by the Governor may not be filed earlier than 5 years or later than 10 years after the
pardon was signed by the Governor.
(4) A petition for expungement based on a stet or a compromise under
Article 27, § 12A-5 of the Code may not be filed within 3 years after the stet or
compromise.
(5) A court may grant a petition for expungement at any time on a
showing of good cause,
(d) (1) The court shall have a copy of a petition for expungement served on
the State's Attorney.
(2) Unless the State's Attorney files an objection to the petition for
expungement within 30 days after the petition is served, the court shall pass an order
requiring the expungement of all police records and court records about the charge.
(e) (1) If the State's Attorney files a timely objection to the petition, the
court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to
expungement, the court shall order the expungement of all police records and court
records about the charge. t
(3) If the court finds that the person is not entitled to expungement, the
court shall deny the petition.
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- 1397 -
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