Maryland: Adult Non-Conviction Arrests (MD-NC-3)

Records relating to a case in which a nolle prosequi is entered prior to service on the defendant can be expunged by the court. Md. Code Ann., Crim. Proc. § 10-104.

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Unless the state objects and shows good cause, the court can expunge the record following an entry of nolle prosequi before the defendant is served. For the specific procedure, see Md. Code Ann., Crim. Proc. § 10-104 et seq.

Fees

No costs can be assessed against the defendant. Md. Code Ann., Crim. Proc. § 10-104(b).

Effect

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

Forms

For information regarding expunging a criminal record in Maryland, visit this site.

Waiting Periods

The record is expunged following an entry of nolle prosequi before the defendant is served.

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