EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 398
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CF 5lr2169
By: Senator McKay
Introduced and read first time: January 20, 2025
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Criminal Procedure – Automated Expungement 2
FOR the purpose of repealing a certain provision of law requiring the Department of Public 3
Safety and Correctional Services to expunge certain cases involving charges of 4
possession of cannabis on or before a certain date; establishing procedures for the 5
automated expungement of certain cases by the Department and the Judiciary; and 6
generally relating to expungement. 7
BY repealing and reenacting, with amendments, 8
Article – Criminal Procedure 9
Section 10–112 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2024 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Criminal Procedure 15
10–112. 16
(a) (1) In this section[, “expunge”] THE FOLLOWING WORDS HAVE THE 17
MEANINGS INDICATED . 18
(2) “DEPARTMENT ” MEANS THE DEPARTMENT OF PUBLIC SAFETY 19
AND CORRECTIONAL SERVICES. 20
(3) (I) “EXPUNGE” means to: 21
2 SENATE BILL 398
1. remove all references to a specified criminal case from the 1
Central Repository; AND 2
2. REMOVE FROM PUBLIC V IEW ALL ELECTRONIC C OURT 3
RECORDS RELATING TO THE CASE. 4
(II) EXPUNGEMENT DOES NOT REQUIRE: 5
1. PHYSICAL OBLITERATIO N OF RECORDS; OR 6
2. REDACTION OF PHYSICA L OR ELECTRONIC 7
DOCUMENTS , MEDIA, OR RECORDINGS . 8
(b) On or before July 1, [2024] 2027, the Department [of Public Safety and 9
Correctional Services] AND THE JUDICIARY shall expunge all cases in which ALL 10
CHARGES IN THE CASE ARE ELIGIBLE FOR EXP UNGEMENT UNDER : 11
(1) [possession of cannabis under § 5–601 of the Criminal Law Article is 12
the only charge in the case; and] § 10–105 OF THIS SUBTITLE , IF AT LEAST 3 YEARS 13
HAVE PASSED SINCE TH E DISPOSITION OF THE CASE; OR 14
(2) [the charge was issued before July 1, 2023] § 10–110 OF THIS 15
SUBTITLE, IF: 16
(I) THE CHARGE IS A MISD EMEANOR OTHER THAN : 17
1. A CHARGE MARKED IN E LECTRONIC COURT RECO RDS 18
AS A DOMESTICALLY RE LATED CRIME UNDER § 6–233 OF THIS ARTICLE; OR 19
2. ASSAULT IN THE SECON D DEGREE UNDER § 3–203 OF 20
THIS ARTICLE; AND 21
(II) AT LEAST 7 YEARS HAVE PASSED SI NCE THE DISPOSITION OF 22
THE CASE. 23
(C) (1) BEGINNING AUGUST 1, 2027, THE JUDICIARY SHALL , ONCE PER 24
MONTH, IDENTIFY ALL CASES T HAT ARE NEWLY ELIGIB LE FOR EXPUNGEMENT 25
BASED ON THE CRITERI A SET FORTH IN SUBSE CTION (B) OF THIS SECTION. 26
(2) PROMPTLY AFTER MAKING EACH DETERMINATION R EQUIRED 27
UNDER PARAGRAPH (1) OF THIS SUBSECTION , THE JUDICIARY SHALL 28
ELECTRONICALLY NOTIF Y THE DEPARTMENT OF ALL CAS ES THAT ARE NEWLY 29
ELIGIBLE FOR EXPUNGE MENT. 30
SENATE BILL 398 3
(3) WITHIN 30 DAYS AFTER THE NOTIF ICATION REQUIRED UNDER 1
PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT AND THE JUDICIARY 2
SHALL EXPUNGE THE ID ENTIFIED NEWLY ELIGI BLE CASES. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
October 1, 2025. 5