Bill number does not exist. Enter a vaild keyword.
Facebook Twitter Youtube Channels MY MGA

Statutes Text

Article - Criminal Procedure




§10–103.1.

    (a)    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)    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)    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)    (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)    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)    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.



Click to return on the top page