Maryland 2025 Regular Session

Maryland House Bill HB365 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb0365
6	6
7	7	HOUSE BILL 365
8	8	E2 5lr2467
9	9
10	10	By: Delegate Embry
11	11	Introduced and read first time: January 16, 2025
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Courts – Expunged Records – Disclosure 2
19	19
20	20	FOR the purpose of clarifying that expungement does not prohibit disclosure of certain 3
21	21	records; and generally relating to disclosure of judicial records. 4
22	22
23	23	BY repealing and reenacting, with amendments, 5
24	24	Article – Criminal Procedure 6
25	25	Section 10–108 7
26	26	Annotated Code of Maryland 8
27	27	(2018 Replacement Volume and 2024 Supplement) 9
28	28
29	29	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
30	30	That the Laws of Maryland read as follows: 11
31	31
32	32	Article – Criminal Procedure 12
33	33
34	34	10–108. 13
35	35
36	36	(a) A person may not open or review an expunged record or disclose to another 14
37	37	person any information from that record without a court order from: 15
38	38
39	39	(1) the court that ordered the record expunged; or 16
40	40
41	41	(2) the District Court that has venue in the case of a police record expunged 17
42	42	under § 10–103 of this subtitle. 18
43	43
44	44	(b) A court may order the opening or review of an expunged record or the 19
45	45	disclosure of information from that record: 20
46	46
47	47	(1) after notice to the person whom the record concerns, a hearing, and the 21
48	48	showing of good cause; or 22 2 HOUSE BILL 365
49	49
50	50
51	51
52	52	(2) on an ex parte order, as provided in subsection (c) of this section. 1
53	53
54	54	(c) (1) The court may pass an ex parte order allowing access to an expunged 2
55	55	record, without notice to the person who is the subject of that record, on a verified petition 3
56	56	filed by a State’s Attorney alleging that: 4
57	57
58	58	(i) the expunged record is needed by a law enforcement unit for a 5
59	59	pending criminal investigation; and 6
60	60
61	61	(ii) the investigation will be jeopardized or life or property will be 7
62	62	endangered without immediate access to the expunged record. 8
63	63
64	64	(2) In an ex parte order, the court may not allow a copy of the expunged 9
65	65	record to be made. 10
66	66
67	67	(d) (1) A person who violates this section is guilty of a misdemeanor and on 11
68	68	conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year 12
69	69	or both. 13
70	70
71	71	(2) In addition to the penalties provided in paragraph (1) of this subsection, 14
72	72	an official or employee of the State or a political subdivision of the State who is convicted 15
73	73	under this section may be removed or dismissed from public service. 16
74	74
75	75	(E) NOTHING IN THIS SECTI ON SHALL BE CONSTRUE D TO PROHIBIT THE 17
76	76	DISCLOSURE OF ANY RE CORD THAT: 18
77	77
78	78	(1) CONTAINS INFORMATION THAT IS ALSO CONTAIN ED IN AN 19
79	79	EXPUNGED RECORD ; 20
80	80
81	81	(2) IS FORMATTED TO FACILITATE RESEARCH; AND 21
82	82
83	83	(3) CONTAINS DE–IDENTIFIED CASE DATA . 22
84	84
85	85	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
86	86	October 1, 2025. 24
87	87