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Session Laws, 2004
Volume 801, Page 1332   View pdf image
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Ch. 362                                    2004 LAWS OF MARYLAND

(1) the charge that was transferred under § 4-202 of this article did not
result in the filing of a delinquency petition; or

(2)     the decision on the delinquency petition was that there was a finding
of facts not sustained.

10-106.1.

(A) FOR CHARGES FILED ON OR AFTER OCTOBER 1, 2004, A PERSON IS
ENTITLED TO EXPUNGEMENT OF A CRIMINAL CHARGE TRANSFERRED TO THE
JUVENILE COURT UNDER
§ 4-202 OF THIS ARTICLE:

(1)   AFTER THE DATE OF THE DECISION NOT TO FILE A DELINQUENCY
PETITION;

(2)  AFTER THE DECISION ON THE DELINQUENCY PETITION OF
FACT
S NOT SUSTAINED; OR

(3) WHEN THE PERSON BECOMES 21 YEARS OLD, IF THE CHARGE
RESULTED IN THE ADJUDICATION OF THE PERSON AS A DELINQUENT CHILD.

(B) IMMEDIATELY AFTER DISPOSITION OF A CHARGE AS SET FORTH IN
SUBSECTION (A) OF THIS SECTION, THE JUVENILE COURT SHALL PASS AN ORDER
REQUIRING THE EXPUNGEMENT OF ALL POLICE RECORD
S AND COURT RECORDS
ABOUT THE CHARGE.

(C) WITHIN 30 DAYS AFTER ENTRY OF THE ORDER, EACH CUSTODIAN OF THE
POLICE RECORDS AND COURT RECORDS THAT ARE SUBJECT TO THE ORDER OF
EXPUNGEMENT
SHALL:

(1)   SEARCH DILIGENTLY FOR AND EXPUNGE ALL POLICE RECORDS AND
COURT RECORDS RELATING TO THE CHARGE; AND

(2) ADVISE IN WRITING THE JUVENILE COURT AND THE PERSON
ENTITLED TO EXPUNGEMENT OF COMPLIANCE WITH THE ORDER

[10-107.

(a) (1) In this subtitle, if two or more charges, other than one for a minor
traffic violation, arise from the same incident, transaction, or act of facts, they are
considered to be a unit.

(2) A charge for a minor traffic violation that arises from the same
incident, transaction, or set of facts as a charge in the unit is not a part of the unit.

(b) (1) If a person is not entitled to expungement of one charge in a unit, the
person is not entitled to expungement of any other charge in the unit.

(2) The disposition of a charge for a minor traffic violation that arises
from the same incident, transaction, or set of facts as a charge in the unit does not
affect any right to expungement of a charge in the unit.]

- 1332 -

 

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Session Laws, 2004
Volume 801, Page 1332   View pdf image
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