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Martin O'Malley, Governor
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S.B. 299
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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, OR WHO HAS BEEN CHARGED WITH A CIVIL OFFENSE OR INFRACTION,
EXCEPT A JUVENILE OFFENSE, AS A SUBSTITUTE FOR A CRIMINAL CHARGE 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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply retroactively and shall be applied to and interpreted to affect a civil
offense or infraction occurring on or before the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2007.
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- 4195 -
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