Ch. 237                                    2004 LAWS OF MARYLAND

(ii) The appellate court may remand the matter to the court of
original jurisdiction.

(c)     (1) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION,
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, A
NOLLE PROSEQUI WITH THE REQUIREMENT OF DRUG OR ALCOHOL TREATMENT OR A
STET WITH THE REQUIREMENT OF DRUG OR ALCOHOL ABUSE TREATMENT may not
be filed earlier than the later of:

(i) the date the petitioner was discharged from probation OR THE
REQUIREMENTS OF OBTAINING DRUG OR ALCOHOL ABUSE TREATMENT WERE
COMPLETED; or

(ii) 3 years after the probation was granted OR THE NOLLE
PROSEQUI WITH THE REQUIREMENT OF DRUG OR ALCOHOL TREATMENT OR STET
WITH THE REQUIREMENT OF DRUG OR ALCOHOL ABUSE TREATMENT WAS ENTERED
ON THE DOCKET.

(3)      A PETITION FOR EXPUNGEMENT BASED ON A NOLLE PROSEQUI WITH
THE REQUIREMENT OF DRUG OR ALCOHOL TREATMENT MAY NOT BE FILED UNTIL
THE COMPLETION OF THE REQUIRED TREATMENT.

(3)     (4) 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)     (5) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, 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) (6) 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.

(2) Unless the State's Attorney files an objection to the petition for
expungement within 30 days after the petition is served, the court shall pass an order
requiring the expungement of all police records and court records about the charge.

(e)     (1) If the State's Attorney files a timely objection to the petition, the
court shall hold a hearing.

(2) If the court at the hearing finds that the person is entitled to
expungement, the court shall order the expungement of all police records and court
records about the charge.

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