In Re Nancy H., 14 A.3d 19

Nancy H., age 16 at the time of charged assault and weapons offenses, was charged as an adult in Baltimore City Circuit Court.
She sought transfer to the juvenile court before trial under § 4-202, which the circuit court denied.
She pled guilty to second degree assault on June 14, 2004, and the case was transferred to the juvenile court at disposition under § 4-202.2.
On January 30, 2009, Nancy H. filed a petition for expungement under § 10-106(c) after transfer to the juvenile court.
The circuit court denied expungement on August 5, 2009, citing lack of good cause and that § 10-106 does not apply to § 4-202.2 transfers.
The issue presented is whether the juvenile court has power to expunge records for cases transferred to juvenile court for disposition under § 4-202.2.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 10-106 expungement applies to § 4-202.2 transfers.	H. argues § 10-106 should include § 4-202.2 transfers due to legislative history and purpose of confidentiality.	State argues § 10-106 is limited to § 4-202 transfers; no authority to expunge for § 4-202.2 transfers.	Yes; juvenile court may expunge § 4-202.2 transfers; remand for proper application.

Smith v. State, 399 Md. 565 (Md. 2007) (legislative history of § 4-202.2 and purpose of waiver to juvenile court)