Ch. 362                                   2004 LAWS OF MARYLAND

(2) request the expungement of the police record.

(b) (i) 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) 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.

(3) The law enforcement unit shall keep the notice and waiver at least
until any applicable statute of limitations expires.

(4)     The person shall give the notice within 8 years after the date of the
incident.

(e) (1) On receipt of a timely filed notice, the law enforcement unit promptly
shall investigate and try to verify the facts stated in the notice.

(2)     If the law enforcement unit finds the facts are true, the law
enforcement unit shall:

(i) search diligently for each police record about the arrest,
detention, or confinement of the person;

(ii) expunge each police record it has about the arrest, detention, or
confinement within 60 days after receipt of the notice; and

(iii) send a copy of the notice and the law enforcement unit's
verification of the facts in the notice to:

1. the Central Repository;

2. each booking facility or law enforcement unit that the law
enforcement unit believes may have a police record about the arrest, detention, or
confinement; and

3. the person requesting expungement.

(d) Within 30 days after receipt of the notice, the Central Repository, booking
facility, and any other law enforcement unit shall search diligently for and expunge a
police record about the arrest, detention, or confinement.

(e) If the law enforcement unit to which the person has sent notice finds that
the person is not entitled to an expungement of the police record, the law enforcement
unit, within 60 days after receipt of the notice, shall advise the person in writing of:

(1)     the denial of the request for expungement; and
(2) the reasons for the denial.

- 1326 -