EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0499*
HOUSE BILL 499
E2 5lr0443
CF SB 432
By: The Speaker (By Request – Administration) and Delegates Allen, Amprey,
Bartlett, Boafo, Fennell, Harris, D. Jones, J. Long, Palakovich Carr,
Phillips, Ruff, Simpson, Stein, Taveras, Taylor, Toles, Turner, Vogel,
White Holland, Wilkins, Williams, Wims, Woods, Woorman, and Wu
Introduced and read first time: January 22, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Records – Expungement and Maryland Judiciary Case Search 2
(Expungement Reform Act of 2025) 3
FOR the purpose of altering certain provisions of law relating to waiting periods for the 4
filing of certain petitions for expungement to authorize the filing of a petition a 5
certain amount of time after the completion of the sentence; adding to the list of 6
misdemeanor convictions that a person may expunge under certain circumstances; 7
requiring a court to determine that a person seeking a certain expungement has paid 8
restitution ordered by the court or does not have the ability to pay the restitution; 9
prohibiting the Maryland Judiciary Case Search from in any way referring to the 10
existence of certain records; and generally relating to expungement and the 11
Maryland Judiciary Case Search. 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Procedure 14
Section 10–101, 10–105(c)(6) and (8), 10–110(a), (c), and (f), and 10–401 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Criminal Procedure 20
10–101. 21
(a) In this subtitle the following words have the meanings indicated. 22
2 HOUSE BILL 499
(b) “Central Repository” means the Criminal Justice Information System Central 1
Repository in the Department. 2
(c) “COMPLETION OF THE SENTENCE ” MEANS THE TIME WHEN A SENTENCE 3
HAS EXPIRED, INCLUDING ANY PERIOD OF PROBATION , PAROLE, OR MANDATORY 4
SUPERVISION. 5
(D) (1) “Court record” means an official record of a court that the clerk of a 6
court or other court personnel keeps about: 7
(i) a criminal proceeding; or 8
(ii) any other proceeding, except a juvenile proceeding, concerning a 9
civil offense or infraction enacted under State or local law as a substitute for a criminal 10
charge. 11
(2) “Court record” includes: 12
(i) a record of a violation of the Transportation Article for which a 13
term of imprisonment may be imposed; and 14
(ii) an index, docket entry, charging document, pleading, 15
memorandum, transcription of proceedings, electronic recording, order, and judgment. 16
[(d)] (E) “Expunge” means to remove information from public inspection in 17
accordance with this subtitle. 18
[(e)] (F) Except as otherwise provided in this subtitle, “expungement” with 19
respect to a court record or a police record means removal from public inspection: 20
(1) by obliteration; 21
(2) by removal to a separate secure area to which persons who do not have 22
a legitimate reason for access are denied access; or 23
(3) if access to a court record or police record can be obtained only by 24
reference to another court record or police record, by the expungement of it or the part of it 25
that provides access. 26
[(f)] (G) “Law enforcement unit” means a State, county, or municipal police 27
department or unit, the office of a sheriff, the office of a State’s Attorney, the Office of the 28
State Prosecutor, or the Office of the Attorney General of the State. 29
[(g)] (H) “Minor traffic violation” means a nonincarcerable violation of the 30
Maryland Vehicle Law or any other traffic law, ordinance, or regulation. 31
HOUSE BILL 499 3
[(h)] (I) “Police record” means an official record that a law enforcement unit, 1
booking facility, or the Central Repository maintains about the arrest and detention of, or 2
further proceeding against, a person for: 3
(1) a criminal charge; 4
(2) a suspected violation of a criminal law; 5
(3) a violation of the Transportation Article for which a term of 6
imprisonment may be imposed; or 7
(4) a civil offense or infraction, except a juvenile offense, enacted under 8
State or local law as a substitute for a criminal charge. 9
10–105. 10
(c) (6) A petition for expungement based on the conviction of a crime under 11
subsection (a)(9) of this section may not be filed within 3 years after the [conviction or 12
satisfactory completion of the sentence, including probation, that was imposed for the 13
conviction, whichever is later] COMPLETION OF THE SE NTENCE. 14
(8) A petition for expungement based on the conviction of a crime under 15
subsection (a)(12) of this section may not be filed before [satisfactory] THE completion of 16
the sentence[, including probation, that was imposed for the conviction]. 17
10–110. 18
(a) A person may file a petition listing relevant facts for expungement of a police 19
record, court record, or other record maintained by the State or a political subdivision of 20
the State if the person is convicted of: 21
(1) a misdemeanor that is a violation of: 22
(i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 23
(ii) an offense listed in § 17–613(a) of the Business Occupations and 24
Professions Article; 25
(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 26
the Business Regulation Article; 27
(iv) § 3–1508 or § 10–402 of the Courts Article; 28
(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 29
Article; 30
(vi) § 5–211 of this article; 31 4 HOUSE BILL 499
(vii) § 3–203 or § 3–808 of the Criminal Law Article; 1
(viii) § 5–601 not involving the use or possession of cannabis, § 2
5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 3
Article; 4
(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 5
6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 6
(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 7
Criminal Law Article; 8
(xi) § 8–103, § 8–106, § 8–204, § 8–206, § 8–401, § 8–402, § 8–404, § 9
8–406, § 8–408, § 8–503, § 8–521, § 8–523, § 8–610, or § 8–904 of the Criminal Law Article; 10
(xii) § 9–204, § 9–205, § 9–408, § 9–501, § 9–502, § 9–503, or § 11
9–506 of the Criminal Law Article; 12
(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 13
Criminal Law Article; 14
(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 15
(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 16
12–204, § 12–205, or § 12–302 of the Criminal Law Article; 17
(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 18
(xvii) § 4–509 of the Family Law Article; 19
(xviii) § 18–215 of the Health – General Article; 20
(xix) § 4–411 or § 4–2005 of the Housing and Community Development 21
Article; 22
(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 23
27–407.1, or § 27–407.2 of the Insurance Article; 24
(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 25
8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 26
limits for personal watercraft; 27
(xxii) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, § 28
10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 29
(xxiii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 30 HOUSE BILL 499 5
Safety Article; 1
(xxiv) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 2
(xxv) § 9–124 of the State Government Article; 3
(xxvi) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the 4
Tax – General Article; 5
(xxvii) § 16–101 OR § 16–303 of the Transportation Article; or 6
(xxviii) the common law offenses of affray, rioting, criminal 7
contempt, battery, or hindering; 8
(2) a felony that is a violation of: 9
(i) § 7–104 of the Criminal Law Article; 10
(ii) the prohibition against possession with intent to distribute a 11
controlled dangerous substance under § 5–602 of the Criminal Law Article; or 12
(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 13
(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 14
(1) or (2) of this subsection. 15
(c) (1) Except as otherwise provided in this subsection, a petition for 16
expungement under this section may not be filed earlier than 5 years after the [person 17
satisfies the sentence or sentences imposed for all convictions for which expungement is 18
requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 19
SENTENCE. 20
(2) A petition for expungement for a violation of § 3–203 of the Criminal 21
Law Article or common law battery may not be filed earlier than 7 years after the [person 22
satisfies the sentence or sentences imposed for all convictions for which expungement is 23
requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 24
SENTENCE. 25
(3) A petition for expungement for an offense classified as a domestically 26
related crime under § 6–233 of this article may not be filed earlier than 15 years after the 27
[person satisfies the sentence or sentences imposed for all convictions for which 28
expungement is requested, including parole, probation, or mandatory supervision] 29
COMPLETION OF THE SE NTENCE. 30
(4) Except as provided in paragraphs (5) and (6) of this subsection, a 31
petition for expungement of a felony may not be filed earlier than 7 years after the [person 32 6 HOUSE BILL 499
satisfies the sentence or sentences imposed for all convictions for which expungement is 1
requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 2
SENTENCE. 3
(5) A petition for expungement of a conviction of possession with intent to 4
distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than 5
3 years after the [person satisfies the sentence or sentences imposed for all convictions for 6
which expungement is requested, including parole, probation, or mandatory supervision] 7
COMPLETION OF THE SE NTENCE. 8
(6) A petition for expungement of a conviction for § 6–202(a), § 6–203, or a 9
felony that is a violation of § 7–104 of the Criminal Law Article may not be filed earlier 10
than 10 years after the [person satisfies the sentence or sentences imposed for all 11
convictions for which expungement is requested, including parole, probation, or mandatory 12
supervision] COMPLETION OF THE SE NTENCE. 13
(f) (1) If the State’s Attorney or a victim files a timely objection to the petition, 14
the court shall hold a hearing. 15
(2) The court shall order the expungement of all police records and court 16
records about the charge after a hearing, if the court finds and states on the record: 17
(i) that the conviction is eligible for expungement under subsection 18
(a) of this section; 19
(ii) that the person is eligible for expungement under subsection (d) 20
of this section; 21
(iii) that giving due regard to the nature of the crime, the history and 22
character of the person, THE PERSON’S SUCCESS AT COURT –ORDERED PROBATION , 23
and the person’s success at rehabilitation, the person is not a risk to public safety; [and] 24
(iv) THAT THE PERS ON HAS PAID ANY MONE TARY RESTITUTION 25
ORDERED BY THE COURT IN THE ORIGINAL PROC EEDING OR DOES NOT H AVE THE 26
ABILITY TO PAY THE R ESTITUTION; AND 27
(V) that an expungement would be in the interest of justice. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
Article – Criminal Procedure 31
10–401. 32
(A) The Maryland Judiciary Case Search may not in any way refer to the existence 33 HOUSE BILL 499 7
of records of a charge in a case with electronic records if the charge resulted in: 1
(1) acquittal; 2
(2) dismissal; [or] 3
(3) nolle prosequi[, except nolle prosequi with the requirement of drug or 4
alcohol treatment]; OR 5
(4) THE COURT MARKING TH E CHARGE STET ON THE DOCKET AT 6
LEAST 3 YEARS PREVIOUSLY . 7
(B) THE MARYLAND JUDICIARY CASE SEARCH MAY NOT IN ANY WAY REFER 8
TO THE EXISTENCE OF RECORDS OF A CHARGE OF POSSESSION OF CAN NABIS IN A 9
CASE WITH ELECTRONIC RECORDS IF THE CHARG E RESULTED IN A CONV ICTION 10
THAT WAS LATER PARDO NED BY THE GOVERNOR. 11
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 12
effect January 1, 2026. 13
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 14
3 of this Act, this Act shall take effect October 1, 2025. 15