About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati342398.tmp
Article - Criminal Procedure
§10–101.  
(a)   In this subtitle the following words have the meanings indicated.
(b)   “Central Repository” means the Criminal Justice Information System Central Repository in the Department.
(c)    (1)   “Court record” means an official record of a court that the clerk of a court or other court personnel keeps about:
(i)   a criminal proceeding; or
(ii)   any other proceeding, except a juvenile proceeding, concerning a civil offense or infraction enacted under State or local law as a substitute for a criminal charge.
(2)   “Court record” includes:
(i)   a record of a violation of the Transportation Article for which a term of imprisonment may be imposed; and
(ii)   an index, docket entry, charging document, pleading, memorandum, transcription of proceedings, electronic recording, order, and judgment.
(d)   “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e)   “Expungement” with respect to a court record or a police record means removal from public inspection:
(1)   by obliteration;
(2)   by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3)   if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.
(f)   “Law enforcement unit” means a State, county, or municipal police department or unit, the office of a sheriff, the office of a State’s Attorney, the Office of the State Prosecutor, or the Office of the Attorney General of the State.
(g)   “Minor traffic violation” means a nonincarcerable violation of the Maryland Vehicle Law or any other traffic law, ordinance, or regulation.
(h)   “Police record” means an official record that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for:
(1)   a criminal charge;
(2)   a suspected violation of a criminal law;
(3)   a violation of the Transportation Article for which a term of imprisonment may be imposed; or
(4)   a civil offense or infraction, except a juvenile offense, enacted under State or local law as a substitute for a criminal charge.