(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.
Structure Maryland Statutes
Subtitle 1 - Expungement of Police and Court Records
Section 10-103 - Expungement of Police Record When No Charge Is Filed
Section 10-103.1 - Expungement of Police Records After Release Without Charge
Section 10-104 - Expungement on Nolle Prosequi Before Service
Section 10-105 - Expungement of Record After Charge Is Filed
Section 10-106 - Expungement of Criminal Charge Transferred to Juvenile Court
Section 10-107 - Charges Arising From Same Incident, Transaction, or Set of Facts
Section 10-108 - Opening, Review, or Disclosure of Expunged Records
Section 10-109 - Prohibited Acts
Section 10-110 - Petition for Expungement
Section 10-111 - Prohibition on Reference to Possession of Marijuana Charges