clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 2004
Volume 801, Page 886   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

Ch. 238                                    2004 LAWS OF MARYLAND

(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.

(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

- 886 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 2004
Volume 801, Page 886   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  August 17, 2024
Maryland State Archives