EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1298*
HOUSE BILL 1298
M2, E2 2lr2134
CF SB 960
By: Delegates Ghrist, Carey, Mautz, and Otto
Introduced and read first time: February 11, 2022
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 12, 2022
CHAPTER ______
AN ACT concerning 1
Natural Resources Criminal Procedure – Hunting and Fishing Offenses – 2
Expungement 3
FOR the purpose of authorizing a person to file a petition for expungement of certain 4
criminal records based on a conviction for certain hunting or fishing offenses; 5
authorizing a person to file a petition for expungement of certain administrative 6
records for a conviction based on certain hunting offenses; and generally relating to 7
expungement for hunting and fishing offenses. 8
BY repealing and reenacting, with amendments, 9
Article – Criminal Procedure 10
Section 10–110(a) and (c) 11
Annotated Code of Maryland 12
(2018 Replacement Volume and 2021 Supplement) 13
BY repealing and reenacting, without amendments, 14
Article – Natural Resources Criminal Procedure 15
Section 4–1208 10–110(c) 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2021 Supplement) 18
BY adding to 19
Article – Natural Resources 20
Section 10–1109 21
Annotated Code of Maryland 22 2 HOUSE BILL 1298
(2012 Replacement Volume and 2021 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Criminal Procedure 4
10–110. 5
(a) A person may file a petition listing relevant facts for expungement of a police 6
record, court record, or other record maintained by the State or a political subdivision of 7
the State if the person is convicted of: 8
(1) a misdemeanor that is a violation of: 9
(i) § 6–320 of the Alcoholic Beverages Article; 10
(ii) an offense listed in § 17–613(a) of the Business Occupations and 11
Professions Article; 12
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 13
the Business Regulation Article; 14
(iv) § 3–1508 or § 10–402 of the Courts Article; 15
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 16
Article; 17
(vi) § 5–211 of this article; 18
(vii) § 3–203 or § 3–808 of the Criminal Law Article; 19
(viii) § 5–601 not involving the use or possession of marijuana, § 20
5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law Article; 21
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 22
6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 23
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 24
Criminal Law Article; 25
(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 26
8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 27
(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 28
HOUSE BILL 1298 3
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 1
Criminal Law Article; 2
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 3
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 4
12–204, § 12–205, or § 12–302 of the Criminal Law Article; 5
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 6
(xvii) § 4–509 of the Family Law Article; 7
(xviii) § 18–215 of the Health – General Article; 8
(xix) § 4–411 or § 4–2005 of the Housing and Community Development 9
Article; 10
(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 11
27–407.1, or § 27–407.2 of the Insurance Article; 12
(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 13
8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 14
limits for personal watercraft; 15
(XXII) TITLE 4 § 10–301, § 10–306, § 10–308.1, § 16
10–413(E)(1), § 10–418, § 10–502, § 10–611, OR § 10–907(A) OF THE NATURAL 17
RESOURCES ARTICLE OR ANY REGULATIONS ADOPTED UNDER THE AUTHORITY OF 18
THAT TITLE; 19
(XXIII) TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR 20
ANY REGULATIONS ADOP TED UNDER THE AUTHOR ITY OF THAT TITLE; 21
[(xxii)] (XXIV) (XXIII) § 5–307, § 5–308, § 6–602, § 7–402, or § 22
14–114 of the Public Safety Article; 23
[(xxiii)] (XXV) (XXIV) § 7–318.1, § 7–509, or § 10–507 of the Real 24
Property Article; 25
[(xxiv)] (XXVI) (XXV) § 9–124 of the State Government Article; 26
[(xxv)] (XXVII) (XXVI) § 13–1001, § 13–1004, § 13–1007, or § 27
13–1024 of the Tax – General Article; 28
[(xxvi)] (XXVIII) (XXVII) § 16–303 of the Transportation Article; or 29
4 HOUSE BILL 1298
[(xxvii)] (XXIX) (XXVIII) the common law offenses of affray, rioting, 1
criminal contempt, battery, or hindering; 2
(2) a felony that is a violation of: 3
(i) § 7–104 of the Criminal Law Article; 4
(ii) the prohibition against possession with intent to distribute a 5
controlled dangerous substance under § 5–602(2) of the Criminal Law Article; or 6
(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 7
(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 8
(1) or (2) of this subsection. 9
(c) (1) Except as provided in paragraphs (2) [and (3)] THROUGH (5) of this 10
subsection, a petition for expungement under this section may not be filed earlier than 10 11
years after the person satisfies the sentence or sentences imposed for all convictions for 12
which expungement is requested, including parole, probation, or mandatory supervision. 13
(2) A petition for expungement for a violation of § 3–203 of the Criminal 14
Law Article, common law battery, or for an offense classified as a domestically related crime 15
under § 6–233 of this article may not be filed earlier than 15 years after the person satisfies 16
the sentence or sentences imposed for all convictions for which expungement is requested, 17
including parole, probation, or mandatory supervision. 18
(3) A petition for expungement of a felony may not be filed earlier than 15 19
years after the person satisfies the sentence or sentences imposed for all convictions for 20
which expungement is requested, including parole, probation, or mandatory supervision. 21
(4) A PETITION FOR EXPUNGE MENT FOR A VIOLATION OF TITLE 4 OF 22
THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED UNDER THE 23
AUTHORITY OF THAT TI TLE MAY NOT BE FILED EARLIER THAN : 24
(I) 3 YEARS AFTER THE PETI TIONER SATISFIES THE SENTENCE 25
OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMENT IS 26
REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 27
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 28
VIOLATION OF TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 29
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FO R THE 30
PRECEDING 3 YEARS; AND 31
2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 32
TITLE 4 OF THE NATURAL RESOURCES ARTICLE HAS NEVER BEE N SUSPENDED OR 33
REVOKED; 34 HOUSE BILL 1298 5
(II) 5 YEARS AFTER THE PETI TIONER SATISFIES THE SENTENCE 1
OR SENTENCES IMPOSED FOR ALL CONVICTI ONS FOR WHICH EXPUNG EMENT IS 2
REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 3
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 4
VIOLATION OF TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY 5
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR THE 6
PRECEDING 5 YEARS; AND 7
2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 8
TITLE 4 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MOR E THAN ONE 9
SUSPENSION AND NO RE VOCATIONS; OR 10
(III) 10 YEARS AFTER THE PETI TIONER SATISFIES THE 11
SENTENCE O R SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH 12
EXPUNGEMENT IS REQUE STED, INCLUDING PAROLE , PROBATION, OR MANDATORY 13
SUPERVISION, IF THE PETITIONER HA S NOT BEEN CONVICTED OF A VIOLATION OF 14
TITLE 4 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTE D 15
UNDER THE AUTHORITY OF THAT TITLE FOR TH E PRECEDING 10 YEARS, 16
REGARDLESS OF THE NU MBER OF SUSPENSIONS OR REVOCATIONS . 17
(5) A PETITION FOR EXPUNGE MENT FOR A VIOLATION OF TITLE 10 18
OF THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED UNDER 19
THE AUTHORITY OF THAT TI TLE MAY NOT BE FILED EARLIER THAN : 20
(I) 3 YEARS AFTER THE PETI TIONER SATISFIES THE SENTENCE 21
OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 22
REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 23
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 24
VIOLATION OF TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY 25
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR TH E 26
PRECEDING 3 YEARS; AND 27
2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 28
TITLE 10 OF THE NATURAL RESOURCES ARTICLE HAS NEVER BEE N SUSPENDED OR 29
REVOKED; 30
(II) 5 YEARS AFTER THE PETI TIONER SATISFIES THE SENTENCE 31
OR SENTENCES IMPOSED FOR ALL CONVICTIONS FOR WHICH EXPUNGEMEN T IS 32
REQUESTED , INCLUDING PAROLE , PROBATION, OR MANDATORY SUPERVI SION, IF: 33
6 HOUSE BILL 1298
1. THE PETITIONER HAS N OT BEEN CONVICTED OF A 1
VIOLATION OF TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY 2
REGULATIONS ADOPTED UNDER THE AUTHORITY OF THAT TITLE FOR TH E 3
PRECEDING 5 YEARS; AND 4
2. ANY LICENSE ISSUED T O THE PETITIONER UND ER 5
TITLE 10 OF THE NATURAL RESOURCES ARTICLE SHOWS NOT MOR E THAN ONE 6
SUSPENSION AND NO RE VOCATIONS; OR 7
(III) 10 YEARS AFTER THE PETI TIONER SATISFIES THE 8
SENTENCE OR SENTENCE S IMPOSED FOR ALL CO NVICTIONS FOR WHICH 9
EXPUNGEMENT IS REQUE STED, INCLUDING PAROL E, PROBATION, OR MANDATORY 10
SUPERVISION, IF THE PETITIONER HA S NOT BEEN CONVICTED OF A VIOLATION OF 11
TITLE 10 OF THE NATURAL RESOURCES ARTICLE OR ANY REGULA TIONS ADOPTED 12
UNDER THE AUTHORITY OF THAT TITLE FOR TH E PRECEDING 10 YEARS, 13
REGARDLESS OF THE NU MBER OF SUSPENSIONS OR RE VOCATIONS. 14
Article – Natural Resources 15
4–1208. 16
(a) In this section, “violation” means a violation of: 17
(1) Any provision of this title; and 18
(2) Any rule or regulation concerning fish and fisheries adopted by the 19
Department. 20
(b) If a person applies for the expungement of the person’s record concerning any 21
violation, the Department shall expunge the record if, at the time of application: 22
(1) The person has not been convicted of a violation for the preceding 3 23
years, and any license issued to the person under this title has never been suspended or 24
revoked; 25
(2) The person has not been convicted of a violation for the preceding 5 26
years, and any license issued to the person under this title shows not more than 1 27
suspension and no revocations; or 28
(3) The person has not been convicted of a violation for the preceding 10 29
years, regardless of the number of suspensions or revocations. 30
10–1109. 31
(A) IN THIS SECTION, “VIOLATION” MEANS A VIOLATION OF : 32
HOUSE BILL 1298 7
(1) ANY PROVISION OF THIS TITLE; AND 1
(2) ANY REGULATION CONCER NING WILDLIFE AND HU NTING 2
ADOPTED BY THE DEPARTMENT . 3
(B) IF A PERSON APPLIES F OR THE EXPUNGEMENT O F THE PERSON ’S 4
RECORD CONCERNING AN Y VIOLATION, THE DEPARTMENT SHALL EXPU NGE THE 5
RECORD IF, AT THE TIME OF APPLI CATION: 6
(1) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 7
PRECEDING 3 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UND ER THIS TITLE 8
HAS NEVER BEEN SUSPE NDED OR REVOKED ; 9
(2) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 10
PRECEDING 5 YEARS, AND ANY LICENSE ISSU ED TO THE PERSON UND ER THIS TITLE 11
SHOWS NOT MORE THAN ONE SUSPENSION AND N O REVOCATIONS ; OR 12
(3) THE PERSON HAS NOT BE EN CONVICTED OF A VI OLATION FOR THE 13
PRECEDING 10 YEARS, REGARDLESS OF THE NU MBER OF SUSPENSIONS OR 14
REVOCATIONS . 15
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2022. 17
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.