Maryland: Adult Non-Conviction Arrests (MD-NC-5)

Records related to acquittals, dismissals, not guilty, or nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment, shall be expunged. Md. Criminal Procedure Code Ann. § 10-105.1(a).

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No statutory language

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic.

Fees

There is no statutory language on fees.

Effect

For a case described in subsection (a) of this section, the court shall send notice of the disposition of each charge in the case and the date on which expungement is required to: (1) the Central Repository; (2) each booking facility, law enforcement unit, and other unit of the State and political subdivision of the State that the court believes may have a record subject to expungement under this section; and (3) the person entitled to expungement. Md. Criminal Procedure Code Ann. § 10-105.1(b).

Forms

There is no statutory language on fees.

Waiting Periods

The waiting period is three years.

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