Maryland 2025 Regular Session

Maryland House Bill HB610 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		hb0610
9	6
10	7		HOUSE BILL 610
11	8		E2 5lr1633
12		-	CF ~~SB 649~~
	9	+	CF 5lr3437
13	10		By: Delegates Taylor, Addison, Conaway, Crutchfield, Edelson, Fennell, Lehman,
14	11		Martinez, Phillips, Ruff, Simpson, Solomon, Turner, Valderrama, Wells,
15	12		Wilkins, and Woods
16	13		Introduced and read first time: January 23, 2025
17	14		Assigned to: Judiciary
18		-	Committee Report: Favorable
19		-	House action: Adopted
20		-	Read second time: March 2, 2025
21	15
22		-	~~CHAPTER ______~~
	16	+	A BILL ENTITLED
23	17
24	18		AN ACT concerning 1
25	19
26	20		Criminal Procedure – Expungement – No Finding and Case Terminated Without 2
27	21		Finding 3
28	22
29	23		FOR the purpose of authorizing the expungement of a charge under a certain provision of 4
30	24		law if the charge was not disposed of by an unequivocal conviction, but was instead 5
31	25		disposed of by the court with a no finding designation or included in a case that was 6
32	26		designated by the court as having been terminated without finding; and generally 7
33	27		relating to expungement. 8
34	28
35	29		BY repealing and reenacting, without amendments, 9
36	30		Article – Criminal Procedure 10
37	31		Section 10–110(a) 11
38	32		Annotated Code of Maryland 12
39	33		(2018 Replacement Volume and 2024 Supplement) 13
40	34
41	35		BY adding to 14
42	36		Article – Criminal Procedure 15
43	37		Section 10–110(j) 16
44	38		Annotated Code of Maryland 17
45	39		(2018 Replacement Volume and 2024 Supplement) 18
46	40
47	41		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
48		-	That the Laws of Maryland read as follows: 20 2 HOUSE BILL 610
	42	+	That the Laws of Maryland read as follows: 20
	43	+
	44	+	Article – Criminal Procedure 21
	45	+
	46	+	10–110. 22
	47	+	2 HOUSE BILL 610
	48	+
	49	+
	50	+	(a) A person may file a petition listing relevant facts for expungement of a police 1
	51	+	record, court record, or other record maintained by the State or a political subdivision of 2
	52	+	the State if the person is convicted of: 3
	53	+
	54	+	(1) a misdemeanor that is a violation of: 4
	55	+
	56	+	(i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 5
	57	+
	58	+	(ii) an offense listed in § 17–613(a) of the Business Occupations and 6
	59	+	Professions Article; 7
	60	+
	61	+	(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 8
	62	+	the Business Regulation Article; 9
	63	+
	64	+	(iv) § 3–1508 or § 10–402 of the Courts Article; 10
	65	+
	66	+	(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 11
	67	+	Article; 12
	68	+
	69	+	(vi) § 5–211 of this article; 13
	70	+
	71	+	(vii) § 3–203 or § 3–808 of the Criminal Law Article; 14
	72	+
	73	+	(viii) § 5–601 not involving the use or possession of cannabis, § 15
	74	+	5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 16
	75	+	Article; 17
	76	+
	77	+	(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 18
	78	+	6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 19
	79	+
	80	+	(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 20
	81	+	Criminal Law Article; 21
	82	+
	83	+	(xi) § 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 22
	84	+	8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; 23
	85	+
	86	+	(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; 24
	87	+
	88	+	(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 25
	89	+	Criminal Law Article; 26
	90	+
	91	+	(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 27
	92	+
	93	+	(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 28
	94	+	12–204, § 12–205, or § 12–302 of the Criminal Law Article; 29
	95	+
	96	+	(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 30 HOUSE BILL 610 3
49	97
50	98
51	99
52		-	Article ~~– Criminal Procedure~~ 1
	100	+	(xvii) § 4–509 of the Family Law Article; 1
53	101
54		-	10–~~110.~~ 2
	102	+	(xviii) § 18–215 of the Health – General Article; 2
55	103
56		-	(a) A person may file a petition listing relevant facts for expungement of a police 3
57		-	record, court record, or other record maintained by the State or a political subdivision of 4
58		-	the State if the person is convicted of: 5
	104	+	(xix) § 4–411 or § 4–2005 of the Housing and Community Development 3
	105	+	Article; 4
59	106
60		-	(1) a misdemeanor that is a violation of: 6
	107	+	(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 5
	108	+	27–407.1, or § 27–407.2 of the Insurance Article; 6
61	109
62		-	(i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 7
	110	+	(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 7
	111	+	8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 8
	112	+	limits for personal watercraft; 9
63	113
64		-	(ii) ~~an offense listed in~~ § 17–~~613~~(a) ~~of the Business Occupations and 8~~
65		-	~~Professions~~ Article; 9
	114	+	(xxii) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, § 10
	115	+	10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 11
66	116
67		-	(~~iii~~) § 5–~~712~~, § 19–~~304~~, § 19–~~308~~, or ~~Title 5, Subtitle 6 or Subtitle 9~~ of 10
68		-	~~the Business Regulation~~ Article; 11
	117	+	(xxiii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 12
	118	+	Safety Article; 13
69	119
70		-	(iv) § 3–~~1508~~ or § 10–~~402~~ of the ~~Courts~~ Article; 12
	120	+	(xxiv) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 14
71	121
72		-	(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 13
73		-	Article; 14
	122	+	(xxv) § 9–124 of the State Government Article; 15
74	123
75		-	(vi) § 5–211 of this article; 15
	124	+	(xxvi) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the 16
	125	+	Tax – General Article; 17
76	126
77		-	(~~vii~~) § 3–~~203 or § 3–808~~ of the ~~Criminal Law~~ Article; 16
	127	+	(xxvii) § 16–303 of the Transportation Article; or 18
78	128
79		-	(viii) § 5–601 not involving the use or possession of cannabis, § 17
80		-	5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 18
81		-	Article; 19
	129	+	(xxviii) the common law offenses of affray, rioting, criminal 19
	130	+	contempt, battery, or hindering; 20
82	131
83		-	(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 20
84		-	6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 21
	132	+	(2) a felony that is a violation of: 21
85	133
86		-	(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 22
87		-	Criminal Law Article; 23
	134	+	(i) § 7–104 of the Criminal Law Article; 22
88	135
89		-	(xi) ~~§ 8–103, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 24~~
90		-	~~8–503,~~ § 8–~~521, § 8–523, or § 8–904~~ of the Criminal Law Article; 25
	136	+	(ii) the prohibition against possession with intent to distribute a 23
	137	+	controlled dangerous substance under § 5–602 of the Criminal Law Article; or 24
91	138
92		-	(~~xii~~) § 9–~~204~~, § 9–~~205, § 9–503~~, or § 9–~~506~~ of the Criminal Law Article; 26
	139	+	(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 25
93	140
94		-	(~~xiii~~) ~~§ 10–110~~, ~~§ 10–201, § 10–402, § 10–404~~, or ~~§ 10–502~~ of ~~the 27~~
95		-	~~Criminal Law Article;~~ 28
	141	+	(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 26
	142	+	(1) or (2) of this subsection. 27
96	143
97		-	(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 29 HOUSE BILL 610 3
	144	+	(J) A CHARGE MAY BE EXPUNG ED UNDER THIS SECTIO N IF THE CHARGE 28
	145	+	WAS NOT DISPOSED OF BY AN UNEQUIVOCAL CONVICTION, BUT WAS INSTEAD: 29 4 HOUSE BILL 610
98	146
99	147
100	148
101		-	(xv) ~~§ 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, §~~ 1
102		-	~~12–204, § 12–205,~~ or ~~§ 12–302 of the Criminal Law Article;~~ 2
	149	+	(1) DISPOSED OF BY THE C OURT WITH A NO FINDI NG DESIGNATION ; 1
	150	+	OR 2
103	151
104		-	(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 3
	152	+	(2) INCLUDED IN A CASE T HAT WAS DESIGNATED BY T HE COURT AS 3
	153	+	HAVING BEEN TERMINATED WITHOUT F INDING. 4
105	154
106		-	(xvii) § 4–509 of the Family Law Article; 4
107		-
108		-	(xviii) § 18–215 of the Health – General Article; 5
109		-
110		-	(xix) § 4–411 or § 4–2005 of the Housing and Community Development 6
111		-	Article; 7
112		-
113		-	(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 8
114		-	27–407.1, or § 27–407.2 of the Insurance Article; 9
115		-
116		-	(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 10
117		-	8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 11
118		-	limits for personal watercraft; 12
119		-
120		-	(xxii) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, § 13
121		-	10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 14
122		-
123		-	(xxiii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 15
124		-	Safety Article; 16
125		-
126		-	(xxiv) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 17
127		-
128		-	(xxv) § 9–124 of the State Government Article; 18
129		-
130		-	(xxvi) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the 19
131		-	Tax – General Article; 20
132		-
133		-	(xxvii) § 16–303 of the Transportation Article; or 21
134		-
135		-	(xxviii) the common law offenses of affray, rioting, criminal 22
136		-	contempt, battery, or hindering; 23
137		-
138		-	(2) a felony that is a violation of: 24
139		-
140		-	(i) § 7–104 of the Criminal Law Article; 25
141		-
142		-	(ii) the prohibition against possession with intent to distribute a 26
143		-	controlled dangerous substance under § 5–602 of the Criminal Law Article; or 27
144		-
145		-	(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 28
146		-	4 HOUSE BILL 610
147		-
148		-
149		-	(3) an attempt, a conspiracy, or a solicitation of any offense listed in item 1
150		-	(1) or (2) of this subsection. 2
151		-
152		-	(J) A CHARGE MAY BE EXPUNG ED UNDER THIS SECTIO N IF THE CHARGE 3
153		-	WAS NOT DISPOSED OF BY AN UNEQUIVOCAL CONVICTION, BUT WAS INSTEAD: 4
154		-
155		-	(1) DISPOSED OF BY THE C OURT WITH A NO FINDI NG DESIGNATION ; 5
156		-	OR 6
157		-
158		-	(2) INCLUDED IN A CASE T HAT WAS DESIGNATED BY THE CO URT AS 7
159		-	HAVING BEEN TERMINATED WITHOUT F INDING. 8
160		-
161		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
162		-	October 1, 2025. 10
163		-
164		-
165		-
166		-	Approved:
167		-	________________________________________________________________________________
168		-	Governor.
169		-	________________________________________________________________________________
170		-	Speaker of the House of Delegates.
171		-	________________________________________________________________________________
172		-	President of the Senate.
	155	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
	156	+	October 1, 2025. 6