ROBERT L. EHRLICH, JR., Governor                             Ch. 237

(1) CONSIDER ANY EVALUATION OR RECOMMENDATION OF ANY
HEALTH PROFESSIONAL LICENSED UNDER THE HEALTH OCCUPATIONS ARTICLE;

(2) CONSIDER RELEVANT INFORMATION ABOUT THE DEFENDANT'S
DRUG OR ALCOHOL ABUSE; AND

(3) MAKE A FINDING ON THE RECORD AS TO THE DEFENDANT'S
AMENABILITY TO TREATMENT AND THE INTEREST OF JUSTICE.

10-105.

(a)     A person who has been charged with the commission of a crime, including
a violation of the Transportation Article for which a term of imprisonment may be
imposed, may file a petition listing relevant facts for expungement of a police record,
court record, or other record maintained by the State or a political subdivision of the
State if:

(1)     the person is acquitted;

(2)     the charge is otherwise dismissed;

(3)     a probation before judgment is entered, unless the person is charged
with a violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or §
3-211 of the Criminal Law Article;

(4)     a nolle prosequi OR NOLLE PROSEQUI WITH THE REQUIREMENT OF
DRUG OR ALCOHOL TREATMENT is entered;

(5)     the court indefinitely postpones trial of a criminal charge by marking
the criminal charge "stet" OR STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL
ABUSE TREATMENT 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.

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