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

(3)     If the court finds that the person is not entitled to expungement, the
court shall deny the petition.

(4)     The person is not entitled to expungement if:

(i) the petition is based on the entry of probation before judgment,
a nolle prosequi, or a stet, INCLUDING A NOLLE PROSEQUI WITH THE REQUIREMENT
OF DRUG OR ALCOHOL TREATMENT OR A STET WITH THE REQUIREMENT OF DRUG
OR ALCOHOL ABUSE TREATMENT, or the grant of a pardon by the Governor; and

(ii) the person:

1.       since the full and unconditional pardon or entry, has been
convicted of a crime other than a minor traffic violation; or

2.       is a defendant in a pending criminal proceeding.

(f)      Unless an order is stayed pending an appeal, within 60 days after entry of
the order, every custodian of the police records and court records that are subject to
the order of expungement shall advise in writing the court and the person who is
seeking expungement of compliance with the order.

(g)     (1) The State's Attorney is a party to the proceeding.

(2) A party aggrieved by the decision of the court is entitled to appellate
review as provided in the Courts Article.

Article - Health - General

8-505.

(a)     (1) Before or during a criminal trial or prior to BEFORE sentencing, the
court may order the Department, THROUGH ITS LOCAL DESIGNEE, to evaluate a
defendant to determine whether, by reason of drug or alcohol abuse, the defendant is
in need of and may benefit from treatment if:

(i) It appears to the court that the defendant has an alcohol or drug
abuse problem; or

(ii) The defendant alleges an alcohol or drug dependency.

(2)     The A court shall set and may change the conditions under which the
AN examination is to be conducted UNDER THIS SECTION.

(3)     AN EVALUATION UNDER THIS SECTION SHALL BE CONDUCTED BY
THE LOCAL DESIGNEE OF THE DEPARTMENT THE DEPARTMENT SHALL ENSURE
THAT EACH EVALUATION UNDER THIS SECTION IS CONDUCTED IN ACCORDANCE
WITH REGULATIONS ADOPTED BY THE DEPARTMENT.

(b)     Except in a capital case, on consideration of the nature of the charge, the
court:

(1) May require or permit an examination to be conducted on an
outpatient basis; and

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