ROBERT L. EHRLICH, JR., Governor                             Ch. 362

(f) (1) (i) If a request by the person for expungement of a police record is
denied under subsection (c) of this section, the person may apply for an order of
expungement in the District Court that has proper venue against the law
enforcement unit.

(ii) The person shall file the application within 30 days after the
written notice of the denial is mailed or delivered to the person.

(2) After notice to the law enforcement unit, the court shall hold a
hearing.

(3)     If the court finds that the person is entitled to expungement, the
court shall order the law enforcement unit to expunge the police record.

(4)     If the court finds that the person is not entitled to expungement of
the police record, the court shall deny the application.

(5) (i) The law enforcement unit is a party to the proceeding.

(ii) Each party to the proceeding is entitled to appellate review on
the record, as provided in the Courts Article for appeals in civil cases from the District
Court.

10-103.1.

(A) FOR ARRESTS, DETENTIONS, OR CONFINEMENTS OCCURRING ON OR
AFTER 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
IS ENTITLED TO EXPUNGEMENT OF ALL POLICE RECORDS RELATING TO THE
MATTER

(B) WITHIN 30 DAYS AFTER RELEASE OF A PERSON ENTITLED TO
EXPUNGEMENT OF A POLICE RECORD UNDER SUBSECTION (A) OF THIS SECTION, THE
LAW ENFORCEMENT UNIT SHALL:

(1) SEARCH DILIGENTLY FOR AND EXPUNGE EACH POLICE RECORD
ABOUT THE ARREST, DETENTION, OR CONFINEMENT OF THE PERSON; AND

(2) SEND A NOTICE OF EXPUNGEMENT CONTAINING ALL RELEVANT
FACTS ABOUT THE EXPUNGEMENT AND UNDERLYING ARREST, DETENTION, OR
CONFINEMENT TO;

(I) THE CENTRAL REPOSITORY;

(II) 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

(III) THE PERSON ENTITLED TO EXPUNGEMENT.

(C) WITHIN 30 DAYS AFTER RECEIPT OF THE NOTICE, THE CENTRAL
REPOSITORY, BOOKING FACILITY, AND ANY OTHER LAW ENFORCEMENT UNIT SHALL:

- 1327 -