Maryland: Adult Non-Conviction Arrests (MD-NC-1)

Records relating to an arrest occurring before October 1, 2007 for which no charges are filed, can be expunged by the law enforcement agency. Md. Code Ann., Crim. Proc. § 10-103.

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

A written petition must be submitted to the law enforcement agency within eight years after the date of the incident. If the request is denied by the law enforcement agency, a petition for expungement can be filed in the district court that has proper venue. For the specific procedure, see Md. Code Ann., Crim. Proc. § 10-103 et seq.

Fees

No fees or costs can be required. Md. Code Ann., Crim. Proc. § 10-103(g).

Effect

The records are removed from public inspection. Md. Code Ann., Crim. Proc § 10-101(d), (e).

Waiting Periods

The petition must be submitted within eight years of the date of the incident.

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