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New expungement for certain misdemeanors in Maryland – 2016 Justice Reinvestment Act

This year the Maryland General Assembly passed the Justice Reinvestment Act of 2016, known as SB 1005, and it was signed by Governor Larry Hogan. Portions of the new law take effect October 1st 2016, and others take effect October 1st 2017.

Of special note are the provisions of the new law beginning on page 176 of the downloadable pdf of the Justice Reinvestment Act. These provisions add an article to Maryland law called “Criminal Precedures 10-110”, allowing the expungement of certain misdemeanor convictions after a period of 10 to 15 years from the completion of any sentence, parole, or probation. 

If you’ve ever been convicted of a misdemeanor crime in MD, you can usually view your court record, charges, sentence, and disposition at the Maryland Judiciary Case Search website. Under “code” in the records of each charge you can find the state law a person was charged with, and match that to the following expungement eligible misdemeanors. The pertinent text is copied below the screenshots to make it easier to search.

(A) A PERSON MAY FILE A PETITION LISTING RELEVANT FACTS FOR 2 EXPUNGEMENT OF A POLICE RECORD, COURT RECORD, OR OTHER RECORD 3 MAINTAINED BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE IF THE 4 PERSON IS CONVICTED OF A MISDEMEANOR THAT IS A VIOLATION OF: 5    (1) § 6–320 OF THE ALCOHOLIC BEVERAGES ARTICLE; 6    (2) AN OFFENSE LISTED IN § 17–613(A) OF THE BUSINESS 7 OCCUPATIONS AND PROFESSIONS ARTICLE; 8    (3) § 5–712, § 19–304, § 19–308, OR TITLE 5, SUBTITLE 6 OR 9 SUBTITLE 9 OF THE BUSINESS REGULATION ARTICLE; 10    (4) § 3–1508 OR § 10–402 OF THE COURTS ARTICLE;  11    (5) § 14–1915, § 14–2902, OR § 14–2903 OF THE COMMERCIAL LAW 12 ARTICLE;  13    (6) § 5–211 OF THE CRIMINAL PROCEDURE ARTICLE;  14    (7) § 3–203 OR § 3–808 OF THE CRIMINAL LAW ARTICLE; 15    (8) § 5–601, § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, OR § 5–902 16 OF THE CRIMINAL LAW ARTICLE; 17    (9) § 6–105, § 6–108, § 6–206, § 6–303, § 6–306, § 6–307, § 6–402, OR § 18 6–503 OF THE CRIMINAL LAW ARTICLE;  19    (10) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, OR § 7–309 OF THE 20 CRIMINAL LAW ARTICLE;  21    (11) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, §  22 8–503, § 8–521, § 8–523, OR § 8–904 OF THE CRIMINAL LAW ARTICLE; 23    (12) § 9–204, § 9–205, § 9–503, OR § 9–506 OF THE CRIMINAL LAW 24 ARTICLE; 25    (13) § 10–110, § 10–201, § 10–402, § 10–404, OR § 10–502 OF THE 26 CRIMINAL LAW ARTICLE; 27    (14) § 11–306(A) OF THE CRIMINAL LAW ARTICLE; 28  
 (15) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, §  1 12–204, § 12–205, OR § 12–302 OF THE CRIMINAL LAW ARTICLE; 2    (16) § 13–401, § 13–602, OR § 16–201 OF THE ELECTION LAW ARTICLE; 3    (17) § 4–509 OF THE FAMILY LAW ARTICLE; 4    (18) § 18–215 OF THE HEALTH – GENERAL ARTICLE; 5    (19) § 4–411 OR § 4–2005 OF THE HUMAN SERVICES ARTICLE;  6    (20) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 7 27–407.1, OR § 27–407.2 OF THE INSURANCE ARTICLE; 8    (21) § 5–307, § 5–308, § 6–602, § 7–402, OR § 14–114 OF THE PUBLIC 9 SAFETY ARTICLE;  10    (22) § 7–318.1, § 7–509, OR § 10–507 OF THE REAL PROPERTY 11 ARTICLE; 12    (23) § 9–124 OF THE STATE GOVERNMENT ARTICLE; 13    (24) § 13–1001, § 13–1004, § 13–1007, OR § 13–1024 OF THE TAX – 14 GENERAL ARTICLE; 15    (25) THE COMMON LAW OFFENSES OF AFFRAY, RIOTING, CRIMINAL 16 CONTEMPT, OR HINDERING; OR 17    (26) AN ATTEMPT, A CONSPIRACY, OR A SOLICITATION OF ANY OFFENSE 18 LISTED IN ITEMS (1) THROUGH (25) OF THIS SUBSECTION. 19   (B) (1) EXCEPT AS PROVIDED IN PARAGRAPHS (2) AND (3) OF THIS 20 SUBSECTION, A PERSON SHALL FILE A PETITION FOR EXPUNGEMENT IN THE COURT 21 IN WHICH THE PROCEEDING BEGAN. 22    (2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 23 PARAGRAPH, IF THE PROCEEDING BEGAN IN ONE COURT AND WAS TRANSFERRED TO 24 ANOTHER COURT, THE PERSON SHALL FILE THE PETITION IN THE COURT TO WHICH 25 THE PROCEEDING WAS TRANSFERRED. 26     (II) IF THE PROCEEDING BEGAN IN ONE COURT AND WAS 27 TRANSFERRED TO THE JUVENILE COURT UNDER § 4–202 OR § 4–202.2 OF THIS 28 ARTICLE, THE PERSON SHALL FILE THE PETITION IN THE COURT OF ORIGINAL 29 JURISDICTION FROM WHICH THE ORDER OF TRANSFER WAS ENTERED. 
 (3) (I) IF THE PROCEEDING IN A COURT OF ORIGINAL 1 JURISDICTION WAS APPEALED TO A COURT EXERCISING APPELLATE JURISDICTION, 2 THE PERSON SHALL FILE THE PETITION IN THE APPELLATE COURT. 3     (II) THE APPELLATE COURT MAY REMAND THE MATTER TO THE 4 COURT OF ORIGINAL JURISDICTION. 5   (C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 6 PETITION FOR EXPUNGEMENT UNDER THIS SECTION MAY NOT BE FILED EARLIER 7 THAN 10 YEARS AFTER THE PERSON SATISFIES THE SENTENCE OR SENTENCES 8 IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMENT IS REQUESTED, 9 INCLUDING PAROLE, PROBATION, OR MANDATORY SUPERVISION. 10    (2) A PETITION FOR EXPUNGEMENT FOR A VIOLATION OF § 3–203 OF 11 THE CRIMINAL LAW ARTICLE OR FOR AN OFFENSE CLASSIFIED AS A DOMESTICALLY 12 RELATED CRIME UNDER § 6–233 OF THE CRIMINAL PROCEDURE ARTICLE MAY NOT 13 BE FILED EARLIER THAN 15 YEARS AFTER THE PERSON SATISFIES THE SENTENCE OR 14 SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMENT IS 15 REQUESTED, INCLUDING PAROLE, PROBATION, OR MANDATORY SUPERVISION. 16   (D) (1) IF THE PERSON IS CONVICTED OF A NEW CRIME DURING THE 17 APPLICABLE TIME PERIOD SET FORTH IN SUBSECTION (C) OF THIS SECTION, THE 18 ORIGINAL CONVICTION OR CONVICTIONS ARE NOT ELIGIBLE FOR EXPUNGEMENT 19 UNLESS THE NEW CONVICTION BECOMES ELIGIBLE FOR EXPUNGEMENT. 20    (2) A PERSON IS NOT ELIGIBLE FOR EXPUNGEMENT IF THE PERSON IS 21 A DEFENDANT IN A PENDING CRIMINAL PROCEEDING. 22    (3) IF A PERSON IS NOT ELIGIBLE FOR EXPUNGEMENT OF ONE 23 CONVICTION IN A UNIT, THE PERSON IS NOT ELIGIBLE FOR EXPUNGEMENT OF ANY 24 OTHER CONVICTION IN THE UNIT. 25   (E) (1) THE COURT SHALL HAVE A COPY OF A PETITION FOR 26 EXPUNGEMENT SERVED ON THE STATE’S ATTORNEY. 27    (2) THE COURT SHALL SEND WRITTEN NOTICE OF THE EXPUNGEMENT 28 REQUEST TO EACH LISTED VICTIM IN THE CASE IN WHICH THE PETITIONER IS 29 SEEKING EXPUNGEMENT AT THE ADDRESS LISTED IN THE COURT FILE, ADVISING 30 THE VICTIM OF THE RIGHT TO OFFER ADDITIONAL INFORMATION RELEVANT TO THE 31 EXPUNGEMENT PETITION TO THE COURT. 32    (3) UNLESS THE STATE’S ATTORNEY OR A VICTIM FILES AN 33 OBJECTION TO THE PETITION FOR EXPUNGEMENT WITHIN 30 DAYS AFTER THE 
PETITION IS SERVED, THE COURT SHALL PASS AN ORDER REQUIRING THE 1 EXPUNGEMENT OF ALL POLICE RECORDS AND COURT RECORDS ABOUT THE CHARGE. 2   (F) (1) IF THE STATE’S ATTORNEY OR A VICTIM FILES A TIMELY 3 OBJECTION TO THE PETITION, THE COURT SHALL HOLD A HEARING. 4    (2) THE COURT SHALL ORDER THE EXPUNGEMENT OF ALL POLICE 5 RECORDS AND COURT RECORDS ABOUT THE CHARGE AFTER A HEARING, IF THE 6 COURT FINDS AND STATES ON THE RECORD: 7     (I) THAT THE CONVICTION IS ELIGIBLE FOR EXPUNGEMENT 8 UNDER SUBSECTION (A) OF THIS SECTION; 9     (II) THAT THE PERSON IS ELIGIBLE FOR EXPUNGEMENT UNDER 10 SUBSECTION (D) OF THIS SECTION;  11     (III) THAT GIVING DUE REGARD TO THE NATURE OF THE CRIME, 12 THE HISTORY AND CHARACTER OF THE PERSON, AND THE PERSON’S SUCCESS AT 13 REHABILITATION, THE PERSON IS NOT A RISK TO PUBLIC SAFETY; AND 14     (IV) THAT AN EXPUNGEMENT WOULD BE IN THE INTEREST OF 15 JUSTICE. 16   (G) IF AT A HEARING THE COURT FINDS THAT A PERSON IS NOT ENTITLED 17 TO EXPUNGEMENT, THE COURT SHALL DENY THE PETITION. 18   (H) UNLESS AN ORDER IS STAYED PENDING APPEAL, WITHIN 60 DAYS AFTER 19 ENTRY OF THE ORDER, EVERY CUSTODIAN OF THE POLICE RECORDS AND COURT 20 RECORDS THAT ARE SUBJECT TO THE ORDER OF EXPUNGEMENT SHALL ADVISE IN 21 WRITING THE COURT AND THE PERSON WHO IS SEEKING EXPUNGEMENT OF 22 COMPLIANCE WITH THE ORDER. 23   (I) (1) THE STATE’S ATTORNEY IS A PARTY TO THE PROCEEDING. 24    (2) A PARTY AGGRIEVED BY THE DECISION OF THE COURT IS 25 ENTITLED TO THE APPELLATE REVIEW AS PROVIDED IN THE COURTS ARTICLE. 

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