EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0088*
SENATE BILL 88
E2 EMERGENCY BILL 3lr0532
(PRE–FILED)
By: Senators Waldstreicher and Carter
Requested: October 11, 2022
Introduced and read first time: January 11, 2023
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Automatic Expungement – Pardoned Conviction of 2
Possession of Cannabis 3
(Pardons for Simple Possession of Cannabis Act of 2023) 4
FOR the purpose of requiring that certain records relating to a certain conviction of 5
possession of cannabis that has been fully and unconditionally pardoned by the 6
Governor be automatically expunged; establishing a procedure for the automatic 7
expungement of pardoned possession of cannabis convictions; and generally relating 8
to expungement of records. 9
BY repealing and reenacting, without amendments, 10
Article – Criminal Procedure 11
Section 10–105(a) and 10–107 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2022 Supplement) 14
BY adding to 15
Article – Criminal Procedure 16
Section 10–113 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Criminal Procedure 22
10–105. 23
2 SENATE BILL 88
(a) A person who has been charged with the commission of a crime, including a 1
violation of the Transportation Article for which a term of imprisonment may be imposed, 2
or who has been charged with a civil offense or infraction, except a juvenile offense, may 3
file a petition listing relevant facts for expungement of a police record, court record, or other 4
record maintained by the State or a political subdivision of the State if: 5
(1) the person is acquitted; 6
(2) the charge is otherwise dismissed; 7
(3) a probation before judgment is entered, unless the person is charged 8
with a violation of § 21–902 of the Transportation Article or Title 2, Subtitle 5 or § 3–211 9
of the Criminal Law Article; 10
(4) a nolle prosequi or nolle prosequi with the requirement of drug or 11
alcohol treatment is entered; 12
(5) the court indefinitely postpones trial of a criminal charge by marking 13
the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment 14
on the docket; 15
(6) the case is compromised under § 3–207 of the Criminal Law Article; 16
(7) the charge was transferred to the juvenile court under § 4–202 of this 17
article; 18
(8) the person: 19
(i) is convicted of only one criminal act, and that act is not a crime 20
of violence; and 21
(ii) is granted a full and unconditional pardon by the Governor; 22
(9) the person was convicted of a crime or found not criminally responsible 23
under any State or local law that prohibits: 24
(i) urination or defecation in a public place; 25
(ii) panhandling or soliciting money; 26
(iii) drinking an alcoholic beverage in a public place; 27
(iv) obstructing the free passage of another in a public place or a 28
public conveyance; 29
(v) sleeping on or in park structures, such as benches or doorways; 30
SENATE BILL 88 3
(vi) loitering; 1
(vii) vagrancy; 2
(viii) riding a transit vehicle without paying the applicable fare or 3
exhibiting proof of payment; or 4
(ix) except for carrying or possessing an explosive, acid, concealed 5
weapon, or other dangerous article as provided in § 7–705(b)(6) of the Transportation 6
Article, any of the acts specified in § 7–705 of the Transportation Article; 7
(10) the person was found not criminally responsible under any State or 8
local law that prohibits misdemeanor: 9
(i) trespass; 10
(ii) disturbing the peace; or 11
(iii) telephone misuse; 12
(11) except as provided in subsection (a–1) of this section, the person was 13
convicted of a crime and the act on which the conviction was based is no longer a crime; 14
(12) the person was convicted of possession of cannabis under § 5–601 of the 15
Criminal Law Article; or 16
(13) the person was convicted of a crime and the conviction was vacated 17
under § 8–302 of this article. 18
10–107. 19
(a) (1) In this subtitle, if two or more charges, other than one for a minor traffic 20
violation or possession of cannabis under § 5–601 of the Criminal Law Article, arise from 21
the same incident, transaction, or set of facts, they are considered to be a unit. 22
(2) A charge for a minor traffic violation or possession of cannabis under § 23
5–601 of the Criminal Law Article that arises from the same incident, transaction, or set of 24
facts as a charge in the unit is not a part of the unit. 25
(b) (1) If a person is not entitled to expungement of one charge or conviction in 26
a unit, the person is not entitled to expungement of any other charge or conviction in the 27
unit. 28
(2) The disposition of a charge for a minor traffic violation that arises from 29
the same incident, transaction, or set of facts as a charge in the unit does not affect any 30
right to expungement of a charge or conviction in the unit. 31
4 SENATE BILL 88
10–113. 1
(A) A POLICE RECORD , COURT RECORD , OR OTHER RECORD MAIN TAINED 2
BY THE STATE OR A POLITICAL SUBDIVISION OF THE STATE RELATING TO A 3
CONVICTION OF POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW 4
ARTICLE THAT HAS BEEN FULLY AND UNCONDITIONALLY PARDONED BY THE 5
GOVERNOR SHALL BE AUTOMATICALLY EXPUNGED. 6
(B) (1) ON OR BEFORE 60 DAYS AFTER THE GOVERNOR’S FULL AND 7
UNCONDITIONAL PARDON OF A CONVICTION OF POSSESSION OF CANNAB IS UNDER § 8
5–601 OF THE CRIMINAL LAW ARTICLE BECOMES EFFECTIVE , OR AUGUST 1, 2023, 9
WHICHEVER IS LATER , THE COURT WITH JURIS DICTION OVER THE MAT TER SHALL: 10
(I) SEARCH DILIGENTLY FO R AND EXPUNGE EACH C OURT 11
RECORD ABOUT THE CONVICTION AND UNDER LYING CHARGE; AND 12
(II) SEND A NOTICE OF EXP UNGEMENT CONTAINING ALL 13
RELEVANT FACTS ABOUT THE EXPUNGEMENT , CONVICTION, AND UNDERLYING 14
CHARGE TO: 15
1. THE CENTRAL REPOSITORY; 16
2. EACH BOOKING FACILITY OR LAW ENFORCEMENT 17
UNIT THAT THE COURT BELIEVES MAY HAVE A POLICE RECORD ABOUT THE 18
UNDERLYING ARREST, CONFINEMENT , OR CHARGE; AND 19
3. THE PERSON ENTITLED T O EXPUNGEMENT . 20
(2) WITHIN 60 DAYS AFTER RECEIPT O F THE NOTICE IN PARA GRAPH 21
(1)(II) OF THIS SUBSECTION, THE CENTRAL REPOSITORY, A BOOKING FACILITY , AND 22
ANY OTHER LAW ENFORC EMENT UNIT SHALL : 23
(I) SEARCH DILIGENTLY FOR AND EXPUNGE EACH POL ICE AND 24
COURT RECORD ABOUT T HE ARREST, CONFINEMENT , CHARGING, OR CONVICTION 25
OF THE PERSON ; AND 26
(II) ADVISE, IN WRITING , THE PERSON ENTITLED TO 27
EXPUNGEMENT OF COMPL IANCE WITH THE ORDER . 28
(C) (1) A POLICE OR COURT RECO RD EXPUNGED UNDER TH IS SECTION 29
MAY NOT BE EXPUNGED BY OBLITERATION UNTI L 3 YEARS AFTER THE CONVICTION. 30
SENATE BILL 88 5
(2) DURING THE 3–YEAR PERIOD DESCRIBE D IN PARAGRAPH (1) OF 1
THIS SUBSECTION , THE RECORDS SHALL BE REMOVED TO A SEPARAT E SECURE AREA 2
TO WHICH PERSONS WHO DO NOT HAVE LEGITIMA TE REASON FOR ACCESS ARE 3
DENIED ACCESS . 4
(3) FOR PURPOSES OF THIS SUBSECTION, A LEGITIMATE REASON FOR 5
ACCESSING THE RECORD S INCLUDES USING THE RECORDS FOR PURPOSES OF 6
PROCEEDINGS RELATING TO THE UNDERLYING ARREST OR CHARGE . 7
(D) THE FOLLOWING DOES NOT PROHIBIT THE EXPUNGEMENT OF A 8
RECORD OF A PERSON WHO QUALIFIES FOR EXPUNGEMENT UNDER SUBSECTION (A) 9
OF THIS SECTION: 10
(1) THE PERSON IS CURREN TLY INCARCERATED ; OR 11
(2) THE PERSON HAS BEEN CONVICTED OF ANOTHER CRIME AFTER : 12
(I) THE DATE OF THE SENT ENCE FOR POSSESSION OF 13
CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE; 14
(II) THE DATE OF RELEASE FROM INCARCERATION FOR 15
POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE; 16
(III) THE DATE OF DISCHARGE FROM PAROLE FOR POSS ESSION 17
OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE; OR 18
(IV) THE DATE OF DISCHARGE FROM PROBATION FOR 19
POSSESSION OF CANNABIS UNDER § 5–601 OF THE CRIMINAL LAW ARTICLE. 20
(E) IF THE AUTOMATIC EXPU NGEMENT OF RECORDS R ELATING TO A 21
PARDONED CONVICTION OF POSSESSION OF CAN NABIS IS NOT EFFECTUATED AS 22
REQUIRED UNDER SUBSECTION (B) OF THIS SECT ION, THE PERSON ENTITLED TO 23
EXPUNGEMENT MAY FILE A PETITION FOR EXPUNGEMENT UNDER § 10–105(A)(12) 24
OF THIS SUBTITLE. 25
(F) A PERSON WHO IS ENTITL ED TO AUTOMATIC EXPU NGEMENT UNDER 26
THIS SECTION MAY NOT BE REQUIRED TO PAY A NY FEE OR COSTS IN C ONNECTION 27
WITH THE EXPUNGEMENT . 28
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 29
measure, is necessary for the immediate preservation of the public health or safety, has 30
been passed by a yea and nay vote supported by three–fifths of all the members elected to 31
each of the two Houses of the General Assembly, and shall take effect from the date it is 32
enacted. 33