reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 8 - Other Postconviction Review › Subtitle 3 - Newly Discovered Evidence › Section 8-301.1 - Vacation of Probation Before Judgment or Judgment of Conviction

(a)    On a motion of the State, at any time after the entry of a probation before judgment or judgment of conviction in a criminal case, the court with jurisdiction over the case may vacate the probation before judgment or conviction on the ground that:
(1)    (i)    there is newly discovered evidence that:
1.    could not have been discovered by due diligence in time to move for a new trial under Maryland Rule 4–331(c); and
2.    creates a substantial or significant probability that the result would have been different; or
(ii)    the State’s Attorney received new information after the entry of a probation before judgment or judgment of conviction that calls into question the integrity of the probation before judgment or conviction; and
(2)    the interest of justice and fairness justifies vacating the probation before judgment or conviction.
(b)    A motion filed under this section shall:
(1)    be in writing;
(2)    state in detail the grounds on which the motion is based;
(3)    where applicable, describe the newly discovered evidence; and
(4)    contain or be accompanied by a request for a hearing.
(c)    (1)    The State shall notify the defendant in writing of the filing of a motion under this section.
(2)    The defendant may file a response to the motion within 30 days after receipt of the notice required under this subsection or within the period of time that the court orders.
(d)    (1)    Before a hearing on a motion filed under this section, the victim or victim’s representative shall be notified, as provided under § 11–104 or § 11–503 of this article.
(2)    A victim or victim’s representative has the right to attend a hearing on a motion filed under this section, as provided under § 11–102 of this article.
(e)    (1)    Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (b) of this section.
(2)    The court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.
(f)    (1)    In ruling on a motion filed under this section, the court, as the court considers appropriate, may:
(i)    vacate the conviction or probation before judgment and discharge the defendant; or
(ii)    deny the motion.
(2)    The court shall state the reasons for a ruling under this section on the record.
(g)    The State in a proceeding under this section has the burden of proof.
(h)    An appeal may be taken by either party from an order entered under this section.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-101 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    In this title, “executive authority” includes the Governor and any person performing the functions of governor in a state other than this State.
(c)    (1)    “State” means a state other than this State.
(2)    “State” includes the District of Columbia and any other state or territory of the United States of America.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-102 - Fugitives From Justice; Duty of Governor

Subject to the provisions of this title, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this State.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-103 - Form of Demand

(a)    A demand for the extradition of a person charged with crime in another state may not be recognized by the Governor unless it is:
(1)    in writing and alleging, except in cases arising under § 9-106 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter the accused fled from the state; and
(2)    accompanied by:
(i)    a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a justice of the peace or magistrate there, together with a copy of any warrant which was issued thereupon; or
(ii)    a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of the person’s bail, probation, or parole.
(b)    (1)    The indictment, information, or affidavit made before the magistrate or justice of the peace must substantially charge the person demanded with having committed a crime under the law of that state.
(2)    The copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-104 - Governor May Call for Investigation

When a demand is made upon the Governor of this State by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State:
(1)    to investigate or assist in investigating the demand; and
(2)    to report to the Governor the situation and circumstances of the person so demanded, and whether the person ought to be surrendered.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-105 - Extradition of Persons Imprisoned or Awaiting Trial in Another State or Who Have Left the Demanding State Under Compulsion

(a)    When it is desired to have returned to this State a person charged in this State with a crime, and the person is imprisoned or is held under criminal proceedings then pending in another state, the Governor of this State may agree with the executive authority of the other state for the extradition of the person before the conclusion of proceedings or term of sentence in the other state, upon condition that the person be returned to the other state at the expense of this State as soon as the prosecution in this State is terminated.
(b)    The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State who is charged in the manner provided in § 9-123 of this title with having violated the laws of the state whose executive authority is making the demand, even though the person left the demanding state involuntarily.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-106 - Extradition of Persons Not Present in Demanding State at Time of Commission of Crime

(a)    The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State charged in the other state in the manner provided in § 9-103 of this title with committing an act in this State or in a third state that intentionally results in a crime in the state whose executive authority is making the demand.
(b)    The provisions of this title that are not otherwise inconsistent shall apply to those cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-107 - Governor's Warrant of Arrest

(a)    If the Governor decides that the demand should be complied with, the Governor shall sign a warrant of arrest. The warrant shall be sealed with the State seal and be directed to any law enforcement officer or other person whom the Governor may think fit to entrust with the execution thereof.
(b)    The warrant must substantially recite the facts necessary to the validity of its issuance.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-108 - Manner and Place of Execution

A warrant issued under § 9-107 of this title shall authorize the law enforcement officer or other person to whom it is directed:
(1)    to arrest the accused at any time and any place where the accused is found within the State;
(2)    to command the aid of all law enforcement officers or other persons in the execution of the warrant; and
(3)    to deliver the accused, subject to the provisions of this title, to the duly authorized agent of the demanding state.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-110 - Rights of Accused Person; Application for Writ of Habeas Corpus

(a)    (1)    A person arrested upon a warrant issued under § 9-107 of this title may not be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record in this State, who shall inform the person:
(i)    of the demand made for surrender;
(ii)    of the crime charged; and
(iii)    of the right to demand and procure legal counsel.
(2)    If the person arrested or the person’s counsel shall state a desire to test the legality of the arrest, the judge shall fix a reasonable time within which the person can apply for a writ of habeas corpus.
(b)    When the writ is applied for, notice thereof and of the time and place of hearing thereon shall be given to the prosecuting officer of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
(c)    If the application for a writ of habeas corpus after an extradition hearing only is denied by the trial court, the denial may be appealed to the Court of Special Appeals.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-111 - Noncompliance With Delivery Procedures

(a)    An officer may not deliver to the agent for extradition of the demanding state a person in the officer’s custody under the Governor’s warrant in willful disobedience to § 9-110 of this title.
(b)    A person who violates subsection (a) of this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
(c)    The trial of a case brought for a violation of this section shall be conducted in the circuit court of the county in which the violation was committed.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-112 - Confinement in Correctional Facility When Necessary

(a)    (1)    The officer or person executing the Governor’s warrant of arrest or the agent of the demanding state to whom the prisoner may have been delivered may, when necessary, confine the prisoner in the correctional facility of any county or municipal corporation through which the officer, person, or agent may pass.
(2)    The managing official of the correctional facility must receive and safely keep the prisoner until the officer, person, or agent having charge of the prisoner is ready to proceed.
(3)    The officer, person, or agent is chargeable with the expense of keeping the prisoner.
(b)    (1)    The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in another state, and who is passing through this State with the prisoner for the purpose of immediately returning the prisoner to the demanding state may, when necessary, confine the prisoner in the correctional facility of any county or municipal corporation through which the officer or agent may pass.
(2)    The managing official of the correctional facility must receive and safely keep the prisoner until the officer or agent having charge of the prisoner is ready to proceed.
(3)    The officer or agent is chargeable with the expense of keeping the prisoner.
(4)    The officer or agent shall produce and show to the managing official of the correctional facility satisfactory written evidence of the fact that the officer or agent is actually transporting the prisoner to the demanding state after a requisition by the executive authority of the demanding state.
(5)    The prisoner is not entitled to demand a new requisition while in this State.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-113 - Arrest Before Requisition

(a)    This section applies whenever:
(1)    it is charged on the oath of a credible witness before a judge or District Court commissioner that a person in this State:
(i)    has committed a crime in another state and, except in cases arising under § 9-106 of this title, has fled from justice; or
(ii)    has been convicted of a crime in another state and has escaped from confinement or has broken the terms of bail, probation, or parole; or
(2)    complaint is made before a judge or District Court commissioner in this State setting forth on the affidavit of a credible person in another state that a person is believed to be in this State and:
(i)    that a crime has been committed in the other state, the person has been charged in the other state with committing the crime and, except in cases arising under § 9-106 of this title, the person has fled from justice; or
(ii)    that the person has been convicted of a crime in the other state and has escaped from confinement or has broken the terms of bail, probation, or parole.
(b)    A judge or District Court commissioner shall issue a warrant directed to any law enforcement officer commanding the officer to apprehend the person named therein, wherever found in this State, and to bring the person before the judge, District Court commissioner, or any other judge or court available in or convenient to the place where the arrest may be made, to answer the charge or complaint and affidavit.
(c)    A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-114 - Arrest Without Warrant

(a)    The arrest of a person may be lawfully made also by any law enforcement officer without a warrant upon reasonable information that the accused stands charged in a court of a state with a crime punishable by death or imprisonment for a term exceeding 1 year.
(b)    When an accused is arrested under subsection (a) of this section:
(1)    the accused must be taken before a judge or District Court commissioner with all practicable speed;
(2)    complaint must be made against the accused under oath setting forth the ground for the arrest as in § 9-113 of this title; and
(3)    thereafter, the answer of the accused shall be heard as if the accused had been arrested on a warrant.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-115 - Commitment to Await Requisition; Bail

If, from the examination before the judge or District Court commissioner, it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under § 9-106 of this title, that the person has fled from justice, the judge or District Court commissioner must, by a warrant reciting the accusation, commit the person to the local correctional facility for a term specified in the warrant but not exceeding 30 days, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the crime, unless the person gives bail as provided in § 9-116 of this title or until the person is legally discharged.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-116 - Bail by Bond

(a)    Except as provided in subsection (b) of this section, and unless the crime with which the person arrested is charged is shown to be a crime punishable by death or life imprisonment under the laws of the state in which it was committed, a judge in this State may admit the person arrested to bail by bond, with sufficient sureties, and in the sum the judge deems proper, conditioned for the person’s appearance before the judge at a time specified in the bond, and for the person’s surrender, to be arrested upon the warrant of the Governor of this State.
(b)    A judge may not admit a person to bail by bond under subsection (a) of this section for the first 10 days following the person’s:
(1)    arrest under or service with a Governor’s warrant under this title; or
(2)    signing a waiver of extradition proceedings under this title.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-117 - Discharge, Recommitment, or Renewal of Bail

If the accused is not arrested under warrant of the Governor within the time specified in the warrant or bond, a judge or District Court commissioner may discharge the accused or recommit the accused for a further period not to exceed 60 days, or a judge or District Court commissioner may again take bail for the accused’s appearance and surrender, as provided in § 9-116 of this title, but within a period not to exceed 60 days after the date of the new bond.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-118 - Forfeiture of Bail

(a)    If the accused is admitted to bail and fails to appear and surrender according to the conditions of the bond, the judge or District Court commissioner by proper order shall declare the bond forfeited and order the immediate arrest of the accused without warrant if the accused is within this State.
(b)    Recovery may be had on the bond in the name of the State as in the case of other bonds given by the accused in criminal proceedings within this State.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-119 - Persons Under Criminal Prosecution in This State at Time of Requisition

If a criminal prosecution has been instituted against a person under the laws of this State and is still pending, the Governor may:
(1)    surrender the person on demand of the executive authority of another state; or
(2)    hold the person until the person has been tried and discharged or convicted and punished in this State.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-120 - Inquiry Into Guilt or Innocence of Accused Prohibited

The guilt or innocence of the accused of the crime charged may not be inquired into by the Governor or in any proceeding after the demand for extradition, accompanied by a charge of crime in legal form as provided in this title, has been presented to the Governor, except as it may be involved in identifying the accused as the person charged with the crime.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-122 - Fugitives From This State; Duty of Governor

Whenever the Governor demands a person charged with crime or with escaping from confinement or breaking the terms of bail, probation, or parole in this State from the executive authority of any other state, the Governor shall issue a warrant under the seal of this State to an agent, commanding the agent to receive the person so charged and convey the person to the proper officer of the county in which the crime was committed.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-123 - Application for Issuance of Requisition; by Whom Made; Contents

(a)    (1)    When the return to this State of a person charged with a crime in this State is required, the State’s Attorney shall present to the Governor a written application for a requisition for the return of the person charged.
(2)    The application shall state:
(i)    the name of the person charged;
(ii)    the crime charged against the person;
(iii)    the approximate time, place, and circumstances of its commission; and
(iv)    the state in which the person is believed to be, including the location of the accused therein, when the application is made.
(3)    The application shall certify that in the opinion of the State’s Attorney, the ends of justice require the arrest and return of the accused to this State for trial, and the proceeding is not instituted to enforce a private claim.
(b)    (1)    When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of bail, probation, or parole, the State’s Attorney of the county in which the crime was committed, the parole commission, or the managing official of the correctional facility or sheriff of the county from which escape was made shall present to the Governor a written application for a requisition for the return of the person.
(2)    The application shall state:
(i)    the name of the person;
(ii)    the crime of which the person was convicted;
(iii)    the circumstances of the escape from confinement or of the breach of the terms of bail, probation, or parole; and
(iv)    the state in which the person is believed to be, including the location of the person therein when application is made.
(c)    (1)    The application shall be verified by affidavit, be executed in duplicate, and be accompanied by two certified copies of:
(i)    the indictment returned;
(ii)    the information and affidavit filed;
(iii)    the complaint made to the judge or District Court commissioner, stating the crime with which the accused is charged;
(iv)    the citation, stating the incarcerable crime with which the accused is charged; or
(v)    the judgment of conviction or the sentence.
(2)    The applicant may also attach further affidavits and other documents in duplicate.
(3)    One copy of the application with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information, affidavits, citation, judgment of conviction, or sentence shall be filed in the office of the Secretary of State, to remain of record in that office.
(4)    The other copies of all papers shall be forwarded with the Governor’s requisition.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-124 - Waiver of Extradition Proceedings

(a)    (1)    Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation, or parole, may waive the issuance and service of the warrant provided for in §§ 9-107 and 9-108 of this title, and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State a writing that states that the person consents to return to the demanding state.
(2)    Before a waiver is executed or subscribed by the person, it shall be the duty of the judge to inform the person of the right to the issuance and service of a warrant of extradition and the right to obtain a writ of habeas corpus as provided in § 9-110 of this title.
(b)    (1)    If and when a consent has been duly executed, it shall forthwith be forwarded to the office of the Governor of this State and filed therein.
(2)    The judge shall:
(i)    direct the officer having the person in custody to deliver forthwith the person to a duly accredited agent of the demanding state; and
(ii)    deliver or cause to be delivered to the agent a copy of the consent.
(c)    (1)    This section does not limit the rights of the accused person to return voluntarily and without formality to the demanding state.
(2)    This waiver procedure is not an exclusive procedure and does not limit the powers, rights, or duties of the officers of the demanding state or of this State.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-125 - No Waiver by This State

(a)    Nothing in this title is a waiver by this State of its right, power, or privilege to try a demanded person for a crime committed within this State, or of its right, power, or privilege to regain custody of a person by extradition proceedings or otherwise for the purpose of trial, sentence, or punishment for any crime committed within this State.
(b)    A proceeding under this title that results in, or fails to result in, extradition is not a waiver by this State of any of its rights, privileges, or jurisdiction.
2023 Maryland Statutes › Criminal Procedure › Title 9 - Extradition › Section 9-126 - No Right of Asylum or Immunity From Other Criminal Prosecutions While in This State

After a person has been brought back to this State by or after waiver of extradition proceedings, the person may be tried in this State for other crimes that the person may be charged with having committed here, as well as that specified in the requisition for extradition.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-101 - Definitions

** TAKES EFFECT JANUARY 1, 2023 PER CHAPTER 26 OF 2022 **
(a)    In this subtitle the following words have the meanings indicated.
(b)    “Central Repository” means the Criminal Justice Information System Central Repository in the Department.
(c)    (1)    “Court record” means an official record of a court that the clerk of a court or other court personnel keeps about:
(i)    a criminal proceeding; or
(ii)    any other proceeding, except a juvenile proceeding, concerning a civil offense or infraction enacted under State or local law as a substitute for a criminal charge.
(2)    “Court record” includes:
(i)    a record of a violation of the Transportation Article for which a term of imprisonment may be imposed; and
(ii)    an index, docket entry, charging document, pleading, memorandum, transcription of proceedings, electronic recording, order, and judgment.
(d)    “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e)    Except as otherwise provided in this subtitle, “expungement” with respect to a court record or a police record means removal from public inspection:
(1)    by obliteration;
(2)    by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3)    if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.
(f)    “Law enforcement unit” means a State, county, or municipal police department or unit, the office of a sheriff, the office of a State’s Attorney, the Office of the State Prosecutor, or the Office of the Attorney General of the State.
(g)    “Minor traffic violation” means a nonincarcerable violation of the Maryland Vehicle Law or any other traffic law, ordinance, or regulation.
(h)    “Police record” means an official record that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for:
(1)    a criminal charge;
(2)    a suspected violation of a criminal law;
(3)    a violation of the Transportation Article for which a term of imprisonment may be imposed; or
(4)    a civil offense or infraction, except a juvenile offense, enacted under State or local law as a substitute for a criminal charge.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-102 - Scope

(a)    A police record or a court record is subject to expungement under this subtitle.
(b)    (1)    A court record or a police record that existed before July 1, 1975, and is still maintained, may be expunged under this subtitle.
(2)    A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975, may use the procedures for expungement provided under this subtitle.
(3)    The limitation periods provided in § 10–105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4)    The custodian of court records or police records that were made before July 1, 1975, and that may be expunged under this subtitle:
(i)    shall make a reasonable search for a record requested for expungement; but
(ii)    need not expunge a court record or a police record that is not found after a reasonable search.
(c)    This subtitle does not apply to:
(1)    a record about a minor traffic violation;
(2)    the published opinion of a court;
(3)    a cash receipt or disbursement record that is necessary for audit purposes;
(4)    a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5)    an investigatory file; or
(6)    a record of the work product of a law enforcement unit that is used solely for police investigation.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-103 - Expungement of Police Record When No Charge Is Filed

(a)    For arrests, detentions, or confinements occurring before October 1, 2007, a person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may request the expungement of the police record.
(b)    The person shall request expungement within 8 years after the date of the incident.
(c)    (1)    On receipt of a timely filed request, the law enforcement unit promptly shall investigate and try to verify the facts stated in the request.
(2)    If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i)    search diligently for each police record about the arrest, detention, or confinement of the person;
(ii)    expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the request; and
(iii)    send a copy of the request and the law enforcement unit’s verification of the facts in the request to:
1.    the Central Repository;
2.    each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3.    the person requesting expungement.
(d)    Within 60 days after receipt of the request, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e)    If the law enforcement unit to which the person has sent a request finds that the person is not entitled to an expungement of the police record, the law enforcement unit, within 60 days after receipt of the request, shall advise the person in writing of:
(1)    the denial of the request for expungement; and
(2)    the reasons for the denial.
(f)    (1)    (i)    If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungement in the District Court that has proper venue against the law enforcement unit.
(ii)    The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2)    After notice to the law enforcement unit, the court shall hold a hearing.
(3)    If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expunge the police record.
(4)    If the court finds that the person is not entitled to expungement of the police record, the court shall deny the application.
(5)    (i)    The law enforcement unit is a party to the proceeding.
(ii)    Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.
(g)    A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-103.1 - Expungement of Police Records After Release Without Charge

(a)    For arrests or confinements occurring on or after October 1, 2007, a person who is arrested or confined by a law enforcement unit and then is released without being charged with the commission of a crime is entitled to expungement of all police records, including photographs and fingerprints, relating to the matter.
(b)    Within 60 days after release of a person entitled to expungement of a police record under subsection (a) of this section, the law enforcement unit shall:
(1)    search diligently for and expunge each police record about the arrest or confinement of the person; and
(2)    send a notice of expungement containing all relevant facts about the expungement and underlying arrest or confinement to:
(i)    the Central Repository;
(ii)    each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest or confinement; and
(iii)    the person entitled to expungement.
(c)    Within 60 days after receipt of the notice, the Central Repository, a booking facility, and any other law enforcement unit shall:
(1)    search diligently for and expunge each police record about the arrest or confinement of the person; and
(2)    advise in writing the person entitled to expungement of compliance with the order.
(d)    (1)    A police record expunged under this section may not be expunged by obliteration until 3 years after the date of expungement.
(2)    During the 3–year period described in paragraph (1) of this subsection, the records shall be removed to a separate secure area to which persons who do not have a legitimate reason for access are denied access.
(3)    For purposes of this subsection, a legitimate reason for accessing the records includes using the records for purposes of proceedings relating to the arrest.
(e)    If a law enforcement unit, a booking facility, or the Central Repository fails to expunge a police record as required under subsection (b) or (c) of this section, the person entitled to expungement may:
(1)    seek redress by means of any appropriate legal remedy; and
(2)    recover court costs.
(f)    A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-104 - Expungement on Nolle Prosequi Before Service

(a)    Unless the State objects and shows cause why a record should not be expunged, if the State enters a nolle prosequi as to all charges in a criminal case within the jurisdiction of the District Court with which a defendant has not been served, the District Court may order expungement of each court record, police record, or other record that the State or a political subdivision of the State keeps as to the charges.
(b)    The District Court may not assess any costs against a defendant for a proceeding under subsection (a) of this section.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-105.1 - Circumstances Requiring Expungement of Certain Records After a Period of Time -- Notices of Expungement

(a)    Beginning October 1, 2021, any police record, court record, or other record maintained by the State or a political subdivision of the State relating to the charging of a crime or a civil offense under § 5–601(c)(2)(ii) of the Criminal Law Article, including a must–appear violation of the Transportation Article, shall be expunged 3 years after a disposition of the charge if no charge in the case resulted in a disposition other than:
(1)    acquittal;
(2)    dismissal;
(3)    not guilty; or
(4)    nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment.
(b)    For a case described in subsection (a) of this section, the court shall send notice of the disposition of each charge in the case and the date on which expungement is required to:
(1)    the Central Repository;
(2)    each booking facility, law enforcement unit, and other unit of the State and political subdivision of the State that the court believes may have a record subject to expungement under this section; and
(3)    the person entitled to expungement.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-105.2 - Notification of Defendant by Court Regarding Right to Expungement -- Mail -- Waiver and Release

(a)    Subject to subsection (b) of this section, after disposition of all charges in a case involving a criminal offense or a civil offense under § 5–601(c)(2)(ii) of the Criminal Law Article, including a must–appear violation of the Transportation Article, the court shall notify the defendant of the defendant’s right to expungement under § 10–105 of this subtitle if no charge in the case resulted in a disposition other than:
(1)    acquittal;
(2)    dismissal;
(3)    not guilty; or
(4)    nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment.
(b)    (1)    If the defendant is not present in court for the disposition, the court shall notify the defendant by mail.
(2)    The notice provided under this section shall include a written form for general waiver and release of all tort claims relating to the charge or charges eligible for expungement under § 10–105 of this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-105.3 - Application for Resentencing for Possession of Cannabis

** TAKES EFFECT JANUARY 1, 2023 PER CHAPTER 26 OF 2022 **
(a)    A person incarcerated after having been convicted of possession of cannabis under § 5–601 of the Criminal Law Article may present an application for resentencing to the court that sentenced the person.
(b)    The court shall grant the application and resentence the person to time served.
(c)    If the person is not serving a concurrent or consecutive sentence for another crime, the person shall be released from incarceration.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-106 - Expungement of Criminal Charge Transferred to Juvenile Court

(a)    A person may file, and a court shall grant, a petition for expungement of a criminal charge transferred to the juvenile court under § 4–202 or § 4–202.2 of this article.
(b)    A petition for expungement filed under this section shall be filed in the court of original jurisdiction from which the order of transfer was entered.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-107 - Charges Arising From Same Incident, Transaction, or Set of Facts

(a)    (1)    In this subtitle, if two or more charges, other than one for a minor traffic violation or possession of cannabis under § 5–601 of the Criminal Law Article, arise from the same incident, transaction, or set of facts, they are considered to be a unit.
(2)    A charge for a minor traffic violation or possession of cannabis under § 5–601 of the Criminal Law Article that arises from the same incident, transaction, or set of facts as a charge in the unit is not a part of the unit.
(b)    (1)    If a person is not entitled to expungement of one charge or conviction in a unit, the person is not entitled to expungement of any other charge or conviction in the unit.
(2)    The disposition of a charge for a minor traffic violation that arises from the same incident, transaction, or set of facts as a charge in the unit does not affect any right to expungement of a charge or conviction in the unit.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-108 - Opening, Review, or Disclosure of Expunged Records

(a)    A person may not open or review an expunged record or disclose to another person any information from that record without a court order from:
(1)    the court that ordered the record expunged; or
(2)    the District Court that has venue in the case of a police record expunged under § 10-103 of this subtitle.
(b)    A court may order the opening or review of an expunged record or the disclosure of information from that record:
(1)    after notice to the person whom the record concerns, a hearing, and the showing of good cause; or
(2)    on an ex parte order, as provided in subsection (c) of this section.
(c)    (1)    The court may pass an ex parte order allowing access to an expunged record, without notice to the person who is the subject of that record, on a verified petition filed by a State’s Attorney alleging that:
(i)    the expunged record is needed by a law enforcement unit for a pending criminal investigation; and
(ii)    the investigation will be jeopardized or life or property will be endangered without immediate access to the expunged record.
(2)    In an ex parte order, the court may not allow a copy of the expunged record to be made.
(d)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
(2)    In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-109 - Prohibited Acts

(a)    (1)    Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:
(i)    by an employer or educational institution of a person who applies for employment or admission; or
(ii)    by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.
(2)    A person need not refer to or give information concerning an expunged charge when answering a question concerning:
(i)    a criminal charge that did not result in a conviction; or
(ii)    a conviction that the Governor pardoned.
(3)    Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:
(i)    an employer to discharge or refuse to hire the person; or
(ii)    a unit, official, or employee of the State or a political subdivision of the State to deny the person’s application.
(b)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both for each violation.
(2)    In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-111 - Prohibition on Reference to Possession of Cannabis Charges

The Maryland Judiciary Case Search may not in any way refer to the existence of a criminal case in which:
(1)    possession of cannabis under § 5–601 of the Criminal Law Article is the only charge in the case; and
(2)    the charge was disposed of before July 1, 2023.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 1 - Expungement of Police and Court Records › Section 10-112 - Expungement of Possession of Cannabis Cases

(a)    In this section, “expunge” means to remove all references to a specified criminal case from the Central Repository.
(b)    On or before July 1, 2024, the Department of Public Safety and Correctional Services shall expunge all cases in which:
(1)    possession of cannabis under § 5–601 of the Criminal Law Article is the only charge in the case; and
(2)    the charge was issued before July 1, 2023.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part I - Definitions; General Provisions › Section 10-202 - Legislative Findings

The General Assembly finds that there is a need:
(1)    to create a central repository for criminal history record information;
(2)    to require the reporting of accurate, relevant, and current criminal history record information to the Central Repository by all criminal justice units;
(3)    to ensure that criminal history record information is kept accurate and current; and
(4)    to prohibit the improper dissemination of criminal history record information.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part I - Definitions; General Provisions › Section 10-203 - Purpose of Subtitle

The purpose of this subtitle is:
(1)    to create and maintain an accurate and efficient criminal justice information system in the State consistent with:
(i)    applicable federal law and regulations;
(ii)    the need of criminal justice units in the State for accurate and current criminal history record information; and
(iii)    the right of persons to be free from improper and unwarranted intrusions into their privacy; and
(2)    to provide a basic statutory framework within which the objectives of § 10-202 of this subtitle can be attained.
2023 Maryland Statutes › Criminal Procedure › Title 10 - Criminal Records › Subtitle 2 - Criminal Justice Information System › Part I - Definitions; General Provisions › Section 10-205 - Police Department of the Johns Hopkins University

It is the intent of the General Assembly that the police department of the Johns Hopkins University, established in accordance with Title 24, Subtitle 12 of the Education Article, shall function as a criminal justice unit for the purposes of this subtitle.