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Session Laws, 2004
Volume 801, Page 1325   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 362

10-102.

(a) A police record or a court record [may be expunged] IS SUBJECT TO
EXPUNGEMENT under this subtitle.

(b)     (1) A court record or a police record that existed before July 1, 1975, and
is still maintained, may be expunged under this subtitle.

(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.

(e) 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.

(D) A COURT MAY NOT ASSESS ANY COSTS AGAINST A DEFENDANT IN
CONNECTION WITH AN EXPUNGEMENT THAT IS EFFECTED UNDER THIS
SUBTITLE.

10-103.

(a) [A] FOR ARRESTS, DETENTIONS, OR CONFINEMENTS OCCURRING
BEFORE OCTOBER 1, 2004, 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 those facts to a law enforcement unit that the
person believes may have a police record about the matter; and

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Session Laws, 2004
Volume 801, Page 1325   View pdf image
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