Md. Crim. Causes. 4-329
When all of the charges in a case involving a civil offense under Code, Criminal Law Article, § 5-601(c)(2)(ii) or a criminal offense other than a violation of the Transportation Article for which the defendant is not required to appear are disposed of by (A) acquittal, including an acquittal based on a verdict of not guilty, (B) dismissal, or (C) nolle prosequi other than nolle prosequi with a requirement of drug or alcohol treatment, the court shall provide written notice to the defendant of the defendant's right to expungement in accordance with and subject to the conditions of Code, Criminal Procedure Article, § 10-105.2.
The notice shall be on a form approved by the State Court Administrator and shall notify the defendant of (A) the defendant's entitlement under Code, Criminal Procedure Article, § 10-105.1 to expungement by operation of law three years after the disposition and (B) the right to file a petition for expungement in accordance with Code, Criminal Procedure Article, Title 10, Subtitle 1 and Title 4, Chapter 500 of these Rules within three years after the disposition if accompanied by a completed General Waiver and Release form approved by the State Court Administrator. The notice shall include or be accompanied by a blank General Waiver and Release form for all tort claims relating to the charge or charges eligible for expungement under Code, Criminal Procedure Article, § 10-105.
If the defendant is in court when the disposition occurs, the written notice may be handed to the defendant in court. If the defendant does not receive the notice at that time, the court shall send the notice to the defendant by first-class mail to the defendant's last known address.
When all of the charges in a criminal case against a defendant are disposed of by acquittal, dismissal, probation before judgment, nolle prosequi, or stet, the court shall , pursuant to Code, Criminal Procedure Article, § 6-232, advise the defendant in writing that the defendant may be entitled to have the records relating to the charge or charges against the defendant expunged in accordance with Code, Criminal Procedure Article, Title 10, Subtitle 1 and Title 4, Chapter 500 of these Rules. If the defendant is in court when the disposition occurs, the written notice may be handed to the defendant in court. If the defendant does not receive the notice at that time, the court shall send the notice to the defendant by first-class mail to the defendant's last known address.
If the charges were disposed of by acquittal, dismissal, or nolle prosequi without a requirement of drug or alcohol treatment, and notice has been delivered or sent to the defendant pursuant to section (a) of this Rule, no notice shall be sent pursuant to this section.
Cross reference: For expungement of charges in cases that include a minor traffic violation, see Code, Criminal Procedure Article, § 10-107.
Md. Crim. Causes. 4-329
This Rule is new.
For expungement of charges in cases that include a minor traffic violation, see Code, Criminal Procedure Article, § 10-107.