Maryland 2023 Regular Session

Maryland Senate Bill SB173

Introduced
1/20/23  
Refer
1/20/23  
Report Pass
2/22/23  
Engrossed
2/28/23  
Refer
3/2/23  
Report Pass
4/3/23  
Enrolled
4/7/23  
Chaptered
5/16/23  

Caption

Automatic Expungement - Clarification

Impact

The introduction of SB 173 impacts state laws by enforcing clearer guidelines on expungement processes, thus potentially providing individuals with more straightforward pathways to clean their criminal records. This bill aims to address barriers faced by individuals who were unjustly charged, enhancing their opportunities for employment and reintegration into society. Furthermore, it mandates that courts notify defendants about their expungement rights, ensuring that individuals are aware of the process and their eligibility, which promotes transparency within the judicial system.

Summary

Senate Bill 173, titled 'Automatic Expungement - Clarification', seeks to refine existing regulations around the automatic expungement of certain criminal and civil records in Maryland. The bill clarifies provisions that stipulate what records can be expunged after a specified period, specifically those related to offenses resulting in acquittal, dismissal, not guilty verdicts, or specific nolle prosequi conditions. It sets forth that these records must be expunged three years after the adjudication, provided certain criteria are met, thereby streamlining the process for individuals seeking to clear their records.

Sentiment

The sentiment surrounding SB 173 appears largely supportive, with advocates highlighting the importance of providing opportunities for those who have faced charges but have not been convicted. Supporters argue that the bill reflects a progressive approach to criminal justice reform, promoting the idea that individuals should have the chance to move on from past mistakes without being burdened by old records. However, there may be underlying concerns from some parties regarding the potential for abuse or misunderstanding of the automatic expungement process.

Contention

While the overall intention of SB 173 is to aid individuals in clearing their records, points of contention could arise about the scope of automatic expungement, particularly regarding the types of offenses included. There may be discussions on whether certain crimes should be exempt from expungement after a set period, as well as debates around the appropriate notifying procedures to ensure that all eligible individuals receive adequate information about their expungement options. These discussions highlight both the importance of facilitating second chances and protecting public safety.

Companion Bills

MD HB189

Crossfiled Automatic Expungement - Clarification

MD SB26

Carry Over Automatic Expungement - Clarification

Previously Filed As

MD HB189

Automatic Expungement - Clarification

MD SB26

Automatic Expungement - Clarification

MD HB122

Criminal Procedure – Expungement of Records – Expansion

MD SB138

Criminal Procedure - Expungement of Records - Expansion

MD SB11

Criminal Procedure - Expungement - Vendor Contracts

MD SB544

Criminal Procedure – Expungement of Records – Waiting Period

MD HB746

Criminal Procedure - Expungement of Records - Waiting Period

MD HB658

Criminal Procedure – Automated Expungement, Waiting Periods, and Adverse Actions (Clean Slate Act of 2024)

MD SB602

Criminal Procedure - Automated Expungement, Waiting Periods, and Adverse Actions (Clean Slate Act of 2024)

MD HB550

Criminal Procedure - Expungement - Vendor Contracts

Similar Bills

No similar bills found.