MD
Maryland Senate Bill SB432

Maryland 2025 Regular Session

Maryland Senate Bill SB432 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [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.
85 *sb0432*
96
107 SENATE BILL 432
118 E2 5lr0442
12- CF HB 499
9+ CF 5lr0443
1310 By: The President (By Request – Administration) and Senators Charles, Ellis,
14-Henson, Hettleman, King, and West West, Smith, Waldstreicher, Love, Muse,
15-and Sydnor
11+Henson, Hettleman, King, and West
1612 Introduced and read first time: January 20, 2025
1713 Assigned to: Judicial Proceedings
18-Committee Report: Favorable with amendments
19-Senate action: Adopted
20-Read second time: February 24, 2025
2114
22-CHAPTER ______
15+A BILL ENTITLED
2316
2417 AN ACT concerning 1
2518
2619 Criminal Records – Expungement and Maryland Judiciary Case Search 2
2720 (Expungement Reform Act of 2025) 3
2821
2922 FOR the purpose of altering certain provisions of law relating to waiting periods for the 4
3023 filing of certain petitions for expungement to authorize the filing of a petition a 5
3124 certain amount of time after the completion of the sentence; adding to the list of 6
3225 misdemeanor convictions that a person may expunge under certain circumstances; 7
3326 requiring a court to determine that a person seeking a certain expungement has paid 8
34-restitution ordered by the court or does not have the ability to pay the restitution 9
35-make certain determinations in relation to a petition to expungement, under certain 10
36-circumstances; prohibiting the Maryland Judiciary Case Search from in any way 11
37-referring to the existence of certain records; and generally relating to expungement 12
38-and the Maryland Judiciary Case Search. 13
27+restitution ordered by the court or does not have the ability to pay the restitution; 9
28+prohibiting the Maryland Judiciary Case Search from in any way referring to the 10
29+existence of certain records; and generally relating to expungement and the 11
30+Maryland Judiciary Case Search. 12
3931
40-BY repealing and reenacting, with amendments, 14
41- Article – Criminal Procedure 15
42- Section 10–101, 10–105(c)(6) and (8) and (e), 10–110(a), (c), and (f), and 10–401 16
43- Annotated Code of Maryland 17
44- (2018 Replacement Volume and 2024 Supplement) 18
32+BY repealing and reenacting, with amendments, 13
33+ Article – Criminal Procedure 14
34+ Section 10–101, 10–105(c)(6) and (8), 10–110(a), (c), and (f), and 10–401 15
35+ Annotated Code of Maryland 16
36+ (2018 Replacement Volume and 2024 Supplement) 17
4537
46- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
47-That the Laws of Maryland read as follows: 20
48- 2 SENATE BILL 432
38+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39+That the Laws of Maryland read as follows: 19
40+
41+Article – Criminal Procedure 20
42+
43+10–101. 21
44+
45+ (a) In this subtitle the following words have the meanings indicated. 22
46+
47+ (b) “Central Repository” means the Criminal Justice Information System Central 23
48+Repository in the Department. 24 2 SENATE BILL 432
4949
5050
51-Article – Criminal Procedure 1
5251
53-10–101. 2
52+ (c) “COMPLETION OF THE SEN TENCE” MEANS THE TIME WHEN A SENTENCE 1
53+HAS EXPIRED, INCLUDING ANY PERIOD OF PROBATION , PAROLE, OR MANDATORY 2
54+SUPERVISION. 3
5455
55- (a) In this subtitle the following words have the meanings indicated. 3
56+ (D) (1) “Court record” means an official record of a court that the clerk of a 4
57+court or other court personnel keeps about: 5
5658
57- (b) “Central Repository” means the Criminal Justice Information System Central 4
58-Repository in the Department. 5
59+ (i) a criminal proceeding; or 6
5960
60- (c) “COMPLETION OF THE SEN TENCE” MEANS THE TIME WHEN A SENTENCE 6
61-HAS EXPIRED, INCLUDING ANY PERIOD OF PROBATION , PAROLE, OR MANDATORY 7
62-SUPERVISION. 8
61+ (ii) any other proceeding, except a juvenile proceeding, concerning a 7
62+civil offense or infraction enacted under State or local law as a substitute for a criminal 8
63+charge. 9
6364
64- (D) (1) “Court record” means an official record of a court that the clerk of a 9
65-court or other court personnel keeps about: 10
65+ (2) “Court record” includes: 10
6666
67- (i) a criminal proceeding; or 11
67+ (i) a record of a violation of the Transportation Article for which a 11
68+term of imprisonment may be imposed; and 12
6869
69- (ii) any other proceeding, except a juvenile proceeding, concerning a 12
70-civil offense or infraction enacted under State or local law as a substitute for a criminal 13
71-charge. 14
70+ (ii) an index, docket entry, charging document, pleading, 13
71+memorandum, transcription of proceedings, electronic recording, order, and judgment. 14
7272
73- (2) “Court record” includes: 15
73+ [(d)] (E) “Expunge” means to remove information from public inspection in 15
74+accordance with this subtitle. 16
7475
75- (i) a record of a violation of the Transportation Article for which a 16
76-term of imprisonment may be imposed; and 17
76+ [(e)] (F) Except as otherwise provided in this subtitle, “expungement” with 17
77+respect to a court record or a police record means removal from public inspection: 18
7778
78- (ii) an index, docket entry, charging document, pleading, 18
79-memorandum, transcription of proceedings, electronic recording, order, and judgment. 19
79+ (1) by obliteration; 19
8080
81- [(d)] (E) “Expunge” means to remove information from public inspection in 20
82-accordance with this subtitle. 21
81+ (2) by removal to a separate secure area to which persons who do not have 20
82+a legitimate reason for access are denied access; or 21
8383
84- [(e)] (F) Except as otherwise provided in this subtitle, “expungement” with 22
85-respect to a court record or a police record means removal from public inspection: 23
84+ (3) if access to a court record or police record can be obtained only by 22
85+reference to another court record or police record, by the expungement of it or the part of it 23
86+that provides access. 24
8687
87- (1) by obliteration; 24
88+ [(f)] (G) “Law enforcement unit” means a State, county, or municipal police 25
89+department or unit, the office of a sheriff, the office of a State’s Attorney, the Office of the 26
90+State Prosecutor, or the Office of the Attorney General of the State. 27
8891
89- (2) by removal to a separate secure area to which persons who do not have 25
90-a legitimate reason for access are denied access; or 26
92+ [(g)] (H) “Minor traffic violation” means a nonincarcerable violation of the 28
93+Maryland Vehicle Law or any other traffic law, ordinance, or regulation. 29
9194
92- (3) if access to a court record or police record can be obtained only by 27
93-reference to another court record or police record, by the expungement of it or the part of it 28
94-that provides access. 29
95- SENATE BILL 432 3
95+ [(h)] (I) “Police record” means an official record that a law enforcement unit, 30
96+booking facility, or the Central Repository maintains about the arrest and detention of, or 31 SENATE BILL 432 3
9697
9798
98- [(f)] (G) “Law enforcement unit” means a State, county, or municipal police 1
99-department or unit, the office of a sheriff, the office of a State’s Attorney, the Office of the 2
100-State Prosecutor, or the Office of the Attorney General of the State. 3
99+further proceeding against, a person for: 1
101100
102- [(g)] (H) “Minor traffic violation” means a nonincarcerable violation of the 4
103-Maryland Vehicle Law or any other traffic law, ordinance, or regulation. 5
101+ (1) a criminal charge; 2
104102
105- [(h)] (I) “Police record” means an official record that a law enforcement unit, 6
106-booking facility, or the Central Repository maintains about the arrest and detention of, or 7
107-further proceeding against, a person for: 8
103+ (2) a suspected violation of a criminal law; 3
108104
109- (1) a criminal charge; 9
105+ (3) a violation of the Transportation Article for which a term of 4
106+imprisonment may be imposed; or 5
110107
111- (2) a suspected violation of a criminal law; 10
108+ (4) a civil offense or infraction, except a juvenile offense, enacted under 6
109+State or local law as a substitute for a criminal charge. 7
112110
113- (3) a violation of the Transportation Article for which a term of 11
114-imprisonment may be imposed; or 12
111+10–105. 8
115112
116- (4) a civil offense or infraction, except a juvenile offense, enacted under 13
117-State or local law as a substitute for a criminal charge. 14
113+ (c) (6) A petition for expungement based on the conviction of a crime under 9
114+subsection (a)(9) of this section may not be filed within 3 years after the [conviction or 10
115+satisfactory completion of the sentence, including probation, that was imposed for the 11
116+conviction, whichever is later] COMPLETION OF THE SE NTENCE. 12
118117
119-10–105. 15
118+ (8) A petition for expungement based on the conviction of a crime under 13
119+subsection (a)(12) of this section may not be filed before [satisfactory] THE completion of 14
120+the sentence[, including probation, that was imposed for the conviction]. 15
120121
121- (c) (6) A petition for expungement based on the conviction of a crime under 16
122-subsection (a)(9) of this section may not be filed within 3 years after the [conviction or 17
123-satisfactory completion of the sentence, including probation, that was imposed for the 18
124-conviction, whichever is later] COMPLETION OF THE SE NTENCE. 19
122+10–110. 16
125123
126- (8) A petition for expungement based on the conviction of a crime under 20
127-subsection (a)(12) of this section may not be filed before [satisfactory] THE completion of 21
128-the sentence[, including probation, that was imposed for the conviction]. 22
124+ (a) A person may file a petition listing relevant facts for expungement of a police 17
125+record, court record, or other record maintained by the State or a political subdivision of 18
126+the State if the person is convicted of: 19
129127
130- (e) (1) If the State’s Attorney files a timely objection to the petition, the court 23
131-shall hold a hearing. 24
128+ (1) a misdemeanor that is a violation of: 20
132129
133- (2) If the court at the hearing finds that the person is entitled to 25
134-expungement, the court shall order the expungement of all police records and court records 26
135-about the charge. 27
130+ (i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 21
136131
137- (3) If the court finds that the person is not entitled to expungement, the 28
138-court shall deny the petition. 29
132+ (ii) an offense listed in § 17–613(a) of the Business Occupations and 22
133+Professions Article; 23
139134
140- (4) The person is not entitled to expungement if: 30
135+ (iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 24
136+the Business Regulation Article; 25
141137
142- (i) except as provided in item (ii) of this paragraph, the petition is 31
143-based on the entry of probation before judgment, except a probation before judgment for a 32 4 SENATE BILL 432
138+ (iv) § 3–1508 or § 10–402 of the Courts Article; 26
139+
140+ (v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 27
141+Article; 28
142+
143+ (vi) § 5–211 of this article; 29
144+
145+ (vii) § 3–203 or § 3–808 of the Criminal Law Article; 30 4 SENATE BILL 432
144146
145147
146-crime where the act on which the conviction is based is no longer a crime, and the person 1
147-within 3 years after the entry of the probation before judgment has been convicted of a 2
148-crime other than a minor traffic violation or a crime where the act on which the conviction 3
149-is based is no longer a crime; 4
150148
151- (ii) the petition is based on the entry of probation before judgment 5
152-for a violation of § 21–902(a) or (b) of the Transportation Article and the person within 15 6
153-years after the entry of the probation before judgment has: 7
149+ (viii) § 5–601 not involving the use or possession of cannabis, § 1
150+5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 2
151+Article; 3
154152
155- 1. been convicted of a crime other than a minor traffic 8
156-violation or a crime where the act on which the conviction is based is no longer a crime; or 9
153+ (ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 4
154+6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 5
157155
158- 2. received probation before judgment for a violation of § 10
159-21–902 of the Transportation Article; or 11
156+ (x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 6
157+Criminal Law Article; 7
160158
161- (iii) the person is a defendant in a pending criminal proceeding. 12
159+ (xi) § 8–103, § 8–106, § 8–204, § 8–206, § 8–401, § 8–402, § 8–404, § 8
160+8–406, § 8–408, § 8–503, § 8–521, § 8–523, § 8–610, or § 8–904 of the Criminal Law Article; 9
162161
163- (5) IN DETERMINING WHETHE R THE PERSON IS ENTI TLED TO 13
164-EXPUNGEMENT , THE COURT SHALL CONS IDER, TO THE EXTENT APPLIC ABLE: 14
162+ (xii) § 9–204, § 9–205, § 9–408, § 9–501, § 9–502, § 9–503, or § 10
163+9–506 of the Criminal Law Article; 11
165164
166- (I) THE PERSON ’S SUCCESS AT PROBATI ON, PAROLE, OR 15
167-MANDATORY SUPERVISIO N; AND 16
165+ (xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 12
166+Criminal Law Article; 13
168167
169- (II) WHETHER THE PERSON H AS PAID ANY MONETARY 17
170-RESTITUTION ORDERED BY THE C OURT IN THE ORIGINAL PROCEEDING OR DOES 18
171-NOT HAVE THE ABILITY TO PAY THE RESTITUTI ON. 19
168+ (xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 14
172169
173-10–110. 20
170+ (xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 15
171+12–204, § 12–205, or § 12–302 of the Criminal Law Article; 16
174172
175- (a) A person may file a petition listing relevant facts for expungement of a police 21
176-record, court record, or other record maintained by the State or a political subdivision of 22
177-the State if the person is convicted of: 23
173+ (xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 17
178174
179- (1) a misdemeanor that is a violation of: 24
175+ (xvii) § 4–509 of the Family Law Article; 18
180176
181- (i) § 6–320 of the Alcoholic Beverages and Cannabis Article; 25
177+ (xviii) § 18–215 of the Health – General Article; 19
182178
183- (ii) an offense listed in § 17–613(a) of the Business Occupations and 26
184-Professions Article; 27
179+ (xix) § 4–411 or § 4–2005 of the Housing and Community Development 20
180+Article; 21
185181
186- (iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of 28
187-the Business Regulation Article; 29
182+ (xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 22
183+27–407.1, or § 27–407.2 of the Insurance Article; 23
188184
189- (iv) § 3–1508 or § 10–402 of the Courts Article; 30
185+ (xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 24
186+8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 25
187+limits for personal watercraft; 26
188+
189+ (xxii) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, § 27
190+10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 28
191+
192+ (xxiii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 29
193+Safety Article; 30
190194 SENATE BILL 432 5
191195
192196
193- (v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law 1
194-Article; 2
197+ (xxiv) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 1
195198
196- (vi) § 5–211 of this article; 3
199+ (xxv) § 9–124 of the State Government Article; 2
197200
198- (vii) § 3–203 or § 3–808 of the Criminal Law Article; 4
201+ (xxvi) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the 3
202+Tax – General Article; 4
199203
200- (viii) § 5–601 not involving the use or possession of cannabis, § 5
201-5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law 6
202-Article; 7
204+ (xxvii) § 16–101 OR § 16–303 of the Transportation Article; or 5
203205
204- (ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 8
205-6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; 9
206+ (xxviii) the common law offenses of affray, rioting, criminal 6
207+contempt, battery, or hindering; 7
206208
207- (x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the 10
208-Criminal Law Article; 11
209+ (2) a felony that is a violation of: 8
209210
210- (xi) § 8–103, § 8–106, § 8–204, § 8–206, § 8–401, § 8–402, § 8–404, § 12
211-8–406, § 8–408, § 8–503, § 8–521, § 8–523, § 8–610, or § 8–904 of the Criminal Law Article; 13
211+ (i) § 7–104 of the Criminal Law Article; 9
212212
213- (xii) § 9–204, § 9–205, § 9–408, § 9–501, § 9–502, § 9–503, or § 14
214-9–506 of the Criminal Law Article; 15
213+ (ii) the prohibition against possession with intent to distribute a 10
214+controlled dangerous substance under § 5–602 of the Criminal Law Article; or 11
215215
216- (xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the 16
217-Criminal Law Article; 17
216+ (iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 12
218217
219- (xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; 18
218+ (3) an attempt, a conspiracy, or a solicitation of any offense listed in item 13
219+(1) or (2) of this subsection. 14
220220
221- (xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 19
222-12–204, § 12–205, or § 12–302 of the Criminal Law Article; 20
221+ (c) (1) Except as otherwise provided in this subsection, a petition for 15
222+expungement under this section may not be filed earlier than 5 years after the [person 16
223+satisfies the sentence or sentences imposed for all convictions for which expungement is 17
224+requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 18
225+SENTENCE. 19
223226
224- (xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article; 21
227+ (2) A petition for expungement for a violation of § 3–203 of the Criminal 20
228+Law Article or common law battery may not be filed earlier than 7 years after the [person 21
229+satisfies the sentence or sentences imposed for all convictions for which expungement is 22
230+requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 23
231+SENTENCE. 24
225232
226- (xvii) § 4–509 of the Family Law Article; 22
233+ (3) A petition for expungement for an offense classified as a domestically 25
234+related crime under § 6–233 of this article may not be filed earlier than 15 years after the 26
235+[person satisfies the sentence or sentences imposed for all convictions for which 27
236+expungement is requested, including parole, probation, or mandatory supervision] 28
237+COMPLETION OF THE SE NTENCE. 29
227238
228- (xviii) § 18–215 of the Health – General Article; 23
229-
230- (xix) § 4–411 or § 4–2005 of the Housing and Community Development 24
231-Article; 25
232-
233- (xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 26
234-27–407.1, or § 27–407.2 of the Insurance Article; 27
235-
236- (xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 28
237-8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed 29
238-limits for personal watercraft; 30
239- 6 SENATE BILL 432
239+ (4) Except as provided in paragraphs (5) and (6) of this subsection, a 30
240+petition for expungement of a felony may not be filed earlier than 7 years after the [person 31
241+satisfies the sentence or sentences imposed for all convictions for which expungement is 32
242+requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 33 6 SENATE BILL 432
240243
241244
242- (xxii) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, § 1
243-10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; 2
245+SENTENCE. 1
244246
245- (xxiii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public 3
246-Safety Article; 4
247+ (5) A petition for expungement of a conviction of possession with intent to 2
248+distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than 3
249+3 years after the [person satisfies the sentence or sentences imposed for all convictions for 4
250+which expungement is requested, including parole, probation, or mandatory supervision] 5
251+COMPLETION OF THE SE NTENCE. 6
247252
248- (xxiv) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; 5
253+ (6) A petition for expungement of a conviction for § 6–202(a), § 6–203, or a 7
254+felony that is a violation of § 7–104 of the Criminal Law Article may not be filed earlier 8
255+than 10 years after the [person satisfies the sentence or sentences imposed for all 9
256+convictions for which expungement is requested, including parole, probation, or mandatory 10
257+supervision] COMPLETION OF THE SE NTENCE. 11
249258
250- (xxv) § 9–124 of the State Government Article; 6
259+ (f) (1) If the State’s Attorney or a victim files a timely objection to the petition, 12
260+the court shall hold a hearing. 13
251261
252- (xxvi) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the 7
253-Tax – General Article; 8
262+ (2) The court shall order the expungement of all police records and court 14
263+records about the charge after a hearing, if the court finds and states on the record: 15
254264
255- (xxvii) § 16–101 OR § 16–303 of the Transportation Article; or 9
265+ (i) that the conviction is eligible for expungement under subsection 16
266+(a) of this section; 17
256267
257- (xxviii) the common law offenses of affray, rioting, criminal 10
258-contempt, battery, or hindering; 11
268+ (ii) that the person is eligible for expungement under subsection (d) 18
269+of this section; 19
259270
260- (2) a felony that is a violation of: 12
271+ (iii) that giving due regard to the nature of the crime, the history and 20
272+character of the person, THE PERSON’S SUCCESS AT COURT –ORDERED PROBATION , 21
273+and the person’s success at rehabilitation, the person is not a risk to public safety; [and] 22
261274
262- (i) § 7–104 of the Criminal Law Article; 13
275+ (iv) THAT THE PERS ON HAS PAID ANY MONETARY RESTITU TION 23
276+ORDERED BY THE COURT IN THE ORIGINAL PROC EEDING OR DOES NOT H AVE THE 24
277+ABILITY TO PAY THE R ESTITUTION; AND 25
263278
264- (ii) the prohibition against possession with intent to distribute a 14
265-controlled dangerous substance under § 5–602 of the Criminal Law Article; or 15
279+ (V) that an expungement would be in the interest of justice. 26
266280
267- (iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or 16
281+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 27
282+as follows: 28
268283
269- (3) an attempt, a conspiracy, or a solicitation of any offense listed in item 17
270-(1) or (2) of this subsection. 18
284+Article – Criminal Procedure 29
271285
272- (c) (1) Except as otherwise provided in this subsection, a petition for 19
273-expungement under this section may not be filed earlier than 5 years after the [person 20
274-satisfies the sentence or sentences imposed for all convictions for which expungement is 21
275-requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 22
276-SENTENCE. 23
286+10–401. 30
277287
278- (2) A petition for expungement for a violation of § 3–203 of the Criminal 24
279-Law Article or common law battery may not be filed earlier than 7 years after the [person 25
280-satisfies the sentence or sentences imposed for all convictions for which expungement is 26
281-requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 27
282-SENTENCE. 28
283-
284- (3) A petition for expungement for an offense classified as a domestically 29
285-related crime under § 6–233 of this article may not be filed earlier than 15 years after the 30
286-[person satisfies the sentence or sentences imposed for all convictions for which 31 SENATE BILL 432 7
288+ (A) The Maryland Judiciary Case Search may not in any way refer to the existence 31
289+of records of a charge in a case with electronic records if the charge resulted in: 32
290+ SENATE BILL 432 7
287291
288292
289-expungement is requested, including parole, probation, or mandatory supervision] 1
290-COMPLETION OF THE SE NTENCE. 2
293+ (1) acquittal; 1
291294
292- (4) Except as provided in paragraphs (5) and (6) of this subsection, a 3
293-petition for expungement of a felony may not be filed earlier than 7 years after the [person 4
294-satisfies the sentence or sentences imposed for all convictions for which expungement is 5
295-requested, including parole, probation, or mandatory supervision] COMPLETION OF THE 6
296-SENTENCE. 7
295+ (2) dismissal; [or] 2
297296
298- (5) A petition for expungement of a conviction of possession with intent to 8
299-distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than 9
300-3 years after the [person satisfies the sentence or sentences imposed for all convictions for 10
301-which expungement is requested, including parole, probation, or mandatory supervision] 11
302-COMPLETION OF THE SE NTENCE. 12
297+ (3) nolle prosequi[, except nolle prosequi with the requirement of drug or 3
298+alcohol treatment]; OR 4
303299
304- (6) A petition for expungement of a conviction for § 6–202(a), § 6–203, or a 13
305-felony that is a violation of § 7–104 of the Criminal Law Article may not be filed earlier 14
306-than 10 years after the [person satisfies the sentence or sentences imposed for all 15
307-convictions for which expungement is requested, including parole, probation, or mandatory 16
308-supervision] COMPLETION OF THE SE NTENCE. 17
300+ (4) THE COURT MARKING TH E CHARGE STET ON THE DOCKET AT 5
301+LEAST 3 YEARS PREVIOUSLY . 6
309302
310- (f) (1) If the State’s Attorney or a victim files a timely objection to the petition, 18
311-the court shall hold a hearing. 19
303+ (B) THE MARYLAND JUDICIARY CASE SEARCH MAY NOT IN ANY WAY REFER 7
304+TO THE EXISTENCE OF RECORDS OF A CHARGE OF POSSESSION OF CAN NABIS IN A 8
305+CASE WITH ELECTRONIC RECORDS IF THE CHARG E RESULTED IN A CONVIC TION 9
306+THAT WAS LATER PARDO NED BY THE GOVERNOR. 10
312307
313- (2) The court shall order the expungement of all police records and court 20
314-records about the charge after a hearing, if the court finds and states on the record: 21
308+ SECTION 3. AND BE IT FURTHER ENACTED, Tha t Section 2 of this Act shall take 11
309+effect January 1, 2026. 12
315310
316- (i) that the conviction is eligible for expungement under subsection 22
317-(a) of this section; 23
311+ SECTION 4. AND BE IT FURTHER ENACTED, That , except as provided in Section 13
312+3 of this Act, this Act shall take effect October 1, 2025. 14
318313
319- (ii) that the person is eligible for expungement under subsection (d) 24
320-of this section; 25
321-
322- (iii) that giving due regard to the nature of the crime, the history and 26
323-character of the person, THE PERSON ’S SUCCESS AT COURT–ORDERED PROBATION 27
324-PROBATION, PAROLE, OR MANDATORY SUPERVI SION, and the person’s success at 28
325-rehabilitation, the person is not a risk to public safety; [and] 29
326-
327- (iv) THAT THE PERSON HAS PAID ANY MONETARY RE STITUTION 30
328-ORDERED BY THE COURT IN THE ORIGINAL PROC EEDING OR DOES NOT H AVE THE 31
329-ABILITY TO PAY THE R ESTITUTION; AND 32
330-
331- (V) that an expungement would be in the interest of justice. 33
332-
333- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 34
334-as follows: 35 8 SENATE BILL 432
335-
336-
337-
338-Article – Criminal Procedure 1
339-
340-10–401. 2
341-
342- (A) The Maryland Judiciary Case Search may not in any way refer to the existence 3
343-of records of a charge in a case with electronic records if the charge resulted in: 4
344-
345- (1) acquittal; 5
346-
347- (2) dismissal; [or] 6
348-
349- (3) nolle prosequi[, except nolle prosequi with the requirement of drug or 7
350-alcohol treatment]; OR 8
351-
352- (4) THE COURT MARKING TH E CHARGE STET ON THE DOCKET AT 9
353-LEAST 3 YEARS PREVIOUS LY. 10
354-
355- (B) THE MARYLAND JUDICIARY CASE SEARCH MAY NOT IN ANY WAY REFER 11
356-TO THE EXISTENCE OF RECORDS OF A CHARGE OF POSSESSION OF CAN NABIS IN A 12
357-CASE WITH ELECTRONIC RECORDS IF THE CHARG E RESULTED IN A CONV ICTION 13
358-THAT WAS LATER PARDO NED BY THE GOVERNOR. 14
359-
360- SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 15
361-effect January 1 January 31, 2026. 16
362-
363- SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 17
364-3 of this Act, this Act shall take effect October 1, 2025. 18
365-
366-
367-
368-
369-
370-Approved:
371-________________________________________________________________________________
372- Governor.
373-________________________________________________________________________________
374- President of the Senate.
375-________________________________________________________________________________
376- Speaker of the House of Delegates.