Md. Code Ann., Crim. Proc. § 10-105.2
Notifying defendant of defendant's right to expungement
Effective Oct 1, 2023Added by Acts 2021, c. 680, § 1, eff. Oct. 1, 2021. Amended by Acts 2023, c. 684, § 1, eff. Oct. 1, 2023; Acts 2023, c. 685, § 1, eff. Oct. 1, 2023.State of Maryland
(a) Subject to subsection (b) of this section, after disposition of all charges in a case involving a civil offense under § 5-601(c)(2)(ii) of the Criminal Law Article or a crime other than a violation of the Transportation Article for which the defendant is not required to appear, 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.
Added by Acts 2021, c. 680, § 1, eff. Oct. 1, 2021. Amended by Acts 2023, c. 684, § 1, eff. Oct. 1, 2023; Acts 2023, c. 685, § 1, eff. Oct. 1, 2023.