Section 10-103.1 - Expungement of police records after release without charge. - Maryland Statutes

§ 10-103.1. Expungement of police records after release without charge.
 

(a)  In general.- For arrests or confinements occurring on or after October 1, 2007, a person who is arrested or confined by a law enforcement unit and then is released without being charged with the commission of a crime is entitled to expungement of all police records, including photographs and fingerprints, relating to the matter. 

(b)  Duties of law enforcement unit after release.- Within 60 days after release of a person entitled to expungement of a police record under subsection (a) of this section, the law enforcement unit shall: 

(1) search diligently for and expunge each police record about the arrest or confinement of the person; and 

(2) send a notice of expungement containing all relevant facts about the expungement and underlying arrest or confinement to: 

(i) the Central Repository; 

(ii) each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest or confinement; and 

(iii) the person entitled to expungement. 

(c)  Duties of law enforcement unit after notice.- Within 60 days after receipt of the notice, the Central Repository, a booking facility, and any other law enforcement unit shall: 

(1) search diligently for and expunge each police record about the arrest or confinement of the person; and 

(2) advise in writing the person entitled to expungement of compliance with the order. 

(d)  Expungement by obliteration.-  

(1) A police record expunged under this section may not be expunged by obliteration until 3 years after the date of expungement. 

(2) During the 3-year period described in paragraph (1) of this subsection, the records shall be removed to a separate secure area to which persons who do not have a legitimate reason for access are denied access. 

(3) For purposes of this subsection, a legitimate reason for accessing the records includes using the records for purposes of proceedings relating to the arrest. 

(e)  Remedies for failure to expunge.- If a law enforcement unit, a booking facility, or the Central Repository fails to expunge a police record as required under subsection (b) or (c) of this section, the person entitled to expungement may: 

(1) seek redress by means of any appropriate legal remedy; and 

(2) recover court costs. 

(f)  Waiver of fee or costs.- A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement. 
 

[2007, ch. 63.]