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

(5) the court indefinitely postpones trial of a criminal charge by marking
the criminal charge "stet" on the docket;

(6) the case is compromised under § 3-207 of the Criminal Law Article;

(7) the charge was transferred to the juvenile court under § 4-202 of this
article; or

(8) the person:

(i) is convicted of only one criminal act, and that act is not a crime
of violence; and

(ii) is granted a full and unconditional pardon by the Governor.

(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.

(e) (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 earlier than the later of:

(i) the date the petitioner was discharged from probation; or

(ii) 3 years after the probation was granted.

(3)     A petition for expungement based on a full and unconditional pardon
by the Governor may not be filed 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 §
3-207 of the Criminal Law Article 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.

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