EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0365*
HOUSE BILL 365
E2 5lr2467
By: Delegate Embry
Introduced and read first time: January 16, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Courts – Expunged Records – Disclosure 2
FOR the purpose of clarifying that expungement does not prohibit disclosure of certain 3
records; and generally relating to disclosure of judicial records. 4
BY repealing and reenacting, with amendments, 5
Article – Criminal Procedure 6
Section 10–108 7
Annotated Code of Maryland 8
(2018 Replacement Volume and 2024 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Criminal Procedure 12
10–108. 13
(a) A person may not open or review an expunged record or disclose to another 14
person any information from that record without a court order from: 15
(1) the court that ordered the record expunged; or 16
(2) the District Court that has venue in the case of a police record expunged 17
under § 10–103 of this subtitle. 18
(b) A court may order the opening or review of an expunged record or the 19
disclosure of information from that record: 20
(1) after notice to the person whom the record concerns, a hearing, and the 21
showing of good cause; or 22 2 HOUSE BILL 365
(2) on an ex parte order, as provided in subsection (c) of this section. 1
(c) (1) The court may pass an ex parte order allowing access to an expunged 2
record, without notice to the person who is the subject of that record, on a verified petition 3
filed by a State’s Attorney alleging that: 4
(i) the expunged record is needed by a law enforcement unit for a 5
pending criminal investigation; and 6
(ii) the investigation will be jeopardized or life or property will be 7
endangered without immediate access to the expunged record. 8
(2) In an ex parte order, the court may not allow a copy of the expunged 9
record to be made. 10
(d) (1) A person who violates this section is guilty of a misdemeanor and on 11
conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 12
or both. 13
(2) In addition to the penalties provided in paragraph (1) of this subsection, 14
an official or employee of the State or a political subdivision of the State who is convicted 15
under this section may be removed or dismissed from public service. 16
(E) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO PROHIBIT THE 17
DISCLOSURE OF ANY RE CORD THAT: 18
(1) CONTAINS INFORMATION THAT IS ALSO CONTAIN ED IN AN 19
EXPUNGED RECORD ; 20
(2) IS FORMATTED TO FACILITATE RESEARCH; AND 21
(3) CONTAINS DE–IDENTIFIED CASE DATA . 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24