EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1298*
HOUSE BILL 1298
M2, E2 2lr2134
CF 2lr3205
By: Delegates Ghrist, Carey, Mautz, and Otto
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Natural Resources – Hunting and Fishing Offenses – Expungement 2
FOR the purpose of authorizing a person to file a petition for expungement of certain 3
criminal records based on a conviction for certain hunting or fishing offenses; 4
authorizing a person to file a petition for expungement of certain administrative 5
records for a conviction based on certain hunting offenses; and generally relating to 6
expungement for hunting and fishing offenses. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Procedure 9
Section 10–110(a) and (c) 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – Natural Resources 14
Section 4–1208 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
BY adding to 18
Article – Natural Resources 19
Section 10–1109 20
Annotated Code of Maryland 21
(2012 Replacement Volume and 2021 Supplement) 22
SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Criminal Procedure 25
2 HOUSE BILL 1298
10–110. 1
(a) A person may file a petition listing relevant facts for expungement of a police 2
record, court record, or other record maintained by the State or a political subdivision of 3
the State if the person is convicted of: 4
(1) a misdemeanor that is a violation of: 5
(i) § 6–320 of the Alcoholic Beverages Article; 6
(ii) an offense listed in § 17–613(a) of the Business Occupations and 7
Professions Article; 8
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 9
the Business Regulation Article; 10
(iv) § 3–1508 or § 10–402 of the Courts Article; 11
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 12
Article; 13
(vi) § 5–211 of this article; 14
(vii) § 3–203 or § 3–808 of the Criminal Law Article; 15
(viii) § 5–601 not involving the use or possession of marijuana, § 16
5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law Article; 17
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 18
6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 19
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 20
Criminal Law Article; 21
(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 22
8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 23
(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 24
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 25
Criminal Law Article; 26
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 27
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 28
12–204, § 12–205, or § 12–302 of the Criminal Law Article; 29
HOUSE BILL 1298 3
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 1
(xvii) § 4–509 of the Family Law Article; 2
(xviii) § 18–215 of the Health – General Article; 3
(xix) § 4–411 or § 4–2005 of the Housing and Community Development 4
Article; 5
(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 6
27–407.1, or § 27–407.2 of the Insurance Article; 7
(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 8
8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 9
limits for personal watercraft; 10
(XXII) TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 11
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE; 12
(XXIII) TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR 13
ANY REGULATIONS ADOP TED UNDER THE AUTHOR ITY OF THAT TITLE; 14
[(xxii)] (XXIV) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of 15
the Public Safety Article; 16
[(xxiii)] (XXV) § 7–318.1, § 7–509, or § 10–507 of the Real Property 17
Article; 18
[(xxiv)] (XXVI) § 9–124 of the State Government Article; 19
[(xxv)] (XXVII) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of 20
the Tax – General Article; 21
[(xxvi)] (XXVIII) § 16–303 of the Transportation Article; or 22
[(xxvii)] (XXIX) the common law offenses of affray, rioting, criminal 23
contempt, battery, or hindering; 24
(2) a felony that is a violation of: 25
(i) § 7–104 of the Criminal Law Article; 26
(ii) the prohibition against possession with intent to distribute a 27
controlled dangerous substance under § 5–602(2) of the Criminal Law Article; or 28
(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 29 4 HOUSE BILL 1298
(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 1
(1) or (2) of this subsection. 2
(c) (1) Except as provided in paragraphs (2) [and (3)] THROUGH (5) of this 3
subsection, a petition for expungement under this section may not be filed earlier than 10 4
years after the person satisfies the sentence or sentences imposed for all convictions for 5
which expungement is requested, including parole, probation, or mandatory supervision. 6
(2) A petition for expungement for a violation of § 3–203 of the Criminal 7
Law Article, common law battery, or for an offense classified as a domestically related crime 8
under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 9
the sentence or sentences imposed for all convictions for which expungement is requested, 10
including parole, probation, or mandatory supervision. 11
(3) A petition for expungement of a felony may not be filed earlier than 15 12
years after the person satisfies the sentence or sentences imposed for all convictions for 13
which expungement is requested, including parole, probation, or mandatory supervision. 14
(4) A PETITION FOR EXPUNGE MENT FOR A VIOLATION OF TITLE 4 OF 15
THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED UNDER THE 16
AUTHORITY OF TH AT TITLE MAY NOT BE FILED EAR LIER THAN: 17
(I) 3 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 18
OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 19
REQUESTED , INCLUDING PAROLE, PROBATION, OR MANDATORY SUPERVI SION, IF: 20
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 21
VIOLATION OF TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 22
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR THE 23
PRECEDING 3 YEARS; AND 24
2. ANY LICENSE ISSUED T O THE PETITIONER UNDER 25
TITLE 4 OF THE NATURAL RESOURCES ARTICLE HAS NEVER BEEN SUSPE NDED OR 26
REVOKED; 27
(II) 5 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 28
OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 29
REQUESTE D, INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 30
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 31
VIOLATION OF TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 32
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR THE 33
PRECEDING 5 YEARS; AND 34
HOUSE BILL 1298 5
2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 1
TITLE 4 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MORE THAN ONE 2
SUSPENSION AND NO RE VOCATIONS; OR 3
(III) 10 YEARS AFTER THE PETITIONER SATISFIES THE 4
SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS FOR WHICH 5
EXPUNGEMENT IS REQUE STED, INCLUDING PAROLE , PROBATION, OR MANDATORY 6
SUPERVISION, IF THE PETITIONER HAS NOT BEEN CONVICT ED OF A VIOLATION OF 7
TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULATIONS A DOPTED 8
UNDER THE AUTHORITY OF THAT TITLE FOR THE PRECEDING 10 YEARS, 9
REGARDLESS OF THE NU MBER OF SUSPENSIONS OR REVOCATIONS . 10
(5) A PETITION FOR EXPUNGE MENT FOR A VIOLATION OF TITLE 10 11
OF THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED UNDER 12
THE AUTHORITY OF THA T TITLE MAY NOT BE F ILED EARLIER THAN : 13
(I) 3 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 14
OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 15
REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 16
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 17
VIOLATION OF TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY 18
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR TH E 19
PRECEDING 3 YEARS; AND 20
2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 21
TITLE 10 OF THE NATURAL RESOURCES ARTICLE HAS NEVER BEEN SUSPENDED OR 22
REVOKED; 23
(II) 5 YEARS AFTER THE PETITIONER SATISFIES THE SENTEN CE 24
OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 25
REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 26
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 27
VIOLATION OF TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY 28
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR THE 29
PRECEDING 5 YEARS; AND 30
2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 31
TITLE 10 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MORE THAN ONE 32
SUSPENSION AND NO RE VOCATIONS; OR 33
(III) 10 YEARS AFTER THE PETITIONER SATISFIES THE 34 6 HOUSE BILL 1298
SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS FOR WHICH 1
EXPUNGEMENT IS REQUE STED, INCLUDING PAROLE , PROBATION, OR MANDATORY 2
SUPERVISION, IF THE PETITIONER HAS NOT BEEN CONVICTED O F A VIOLATION OF 3
TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULATIONS A DOPTED 4
UNDER THE AUTHORITY OF THAT TITLE FOR TH E PRECEDING 10 YEARS, 5
REGARDLESS OF THE NU MBER OF SUSPENSIONS OR REVOCATIONS . 6
Article – Natural Resources 7
4–1208. 8
(a) In this section, “violation” means a violation of: 9
(1) Any provision of this title; and 10
(2) Any rule or regulation concerning fish and fisheries adopted by the 11
Department. 12
(b) If a person applies for the expungement of the person’s record concerning any 13
violation, the Department shall expunge the record if, at the time of application: 14
(1) The person has not been convicted of a violation for the preceding 3 15
years, and any license issued to the person under this title has never been suspended or 16
revoked; 17
(2) The person has not been convicted of a violation for the preceding 5 18
years, and any license issued to the person under this title shows not more than 1 19
suspension and no revocations; or 20
(3) The person has not been convicted of a violation for the preceding 10 21
years, regardless of the number of suspensions or revocations. 22
10–1109. 23
(A) IN THIS SECTION, “VIOLATION” MEANS A VIOLATION OF : 24
(1) ANY PROVISION OF THIS TITLE; AND 25
(2) ANY REGULATION CONCER NING WILDLIFE AND HUNTING 26
ADOPTED BY THE DEPARTMENT . 27
(B) IF A PERSON APPLIES F OR THE EXPUNGEMENT O F THE PERSON ’S 28
RECORD CONCERNING AN Y VIOLATION, THE DEPARTMENT SHALL EXPU NGE THE 29
RECORD IF, AT THE TIME OF APPLI CATION: 30
HOUSE BILL 1298 7
(1) THE PERSON HAS NOT BE EN CONVICTED OF A VIOLATION FOR T HE 1
PRECEDING 3 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UND ER THIS TITLE 2
HAS NEVER BEEN SUSPE NDED OR REVOKED ; 3
(2) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 4
PRECEDING 5 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UN DER THIS TITLE 5
SHOWS NOT MORE THAN ONE SUSPENSION AND NO RE VOCATIONS; OR 6
(3) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 7
PRECEDING 10 YEARS, REGARDLESS OF THE NU MBER OF SUSPENSIONS OR 8
REVOCATIONS . 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 10
October 1, 2022. 11