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Rule 4-502 – Expungement Definitions

May 13, 2021 | Criminal Prodcedure, Maryland

The following definitions apply in this Chapter and in Forms 4-503.1 through 4-508.3:

(a) Application. “Application means the written request for expungement of police records filed pursuant to Code, Criminal Procedure Article § 10-103 and Rule 4-503.
(b) Central Repository. “Central Repository means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(c) Court. “Court means the Court of Appeals, Court of Special Appeals, any circuit court, and the District Court.
(d) Court Records. “Court records means all official records maintained by the clerk or other personnel pertaining to (1) any criminal action, (2) any action, except a juvenile proceeding, concerning a civil offense or infraction under a State or local law enacted as a substitute for a criminal charge, or (3) any proceeding for expungement. It includes indices, docket entries, charging documents, pleadings, memoranda, assignment schedules, disposition sheets, transcriptions of proceedings, electronic recordings, orders, judgments, and decrees. It does not include: records pertaining to violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation; written opinions of a court; cash receipt and disbursement records necessary for audit purposes; or a court reporter’s transcript of proceedings involving multiple defendants.
(e) Expungement. “Expungement means the effective removal of police and court records from public inspection:

(1) by obliteration; or
(2) by removal to a separate secure area to which the public and other persons having no legitimate reason for being there are denied access; or
(3) if effective access to a record can be obtained only by reference to other records, by the expungement of the other records or the part of them providing the access.
(f) Law Enforcement Agency. “Law enforcement agency means any State, county, and municipal police department or agency, any sheriff’s office, any State’s Attorney’s office, the Office of the State Prosecutor, and the Attorney General’s office.
(g) Petition. “Petition means a written request for expungement of court and police records filed by a person pursuant to Code, Criminal Procedure Article, § 10-105(a) and Rule 4-504.
(h) Police Records. “Police records means all official records maintained by a law enforcement agency, a booking facility, or the Central Repository pertaining to the arrest and detention of or further proceeding against an individual for a criminal charge; a suspected violation of a criminal law; a violation of Code, Transportation Article for which a term of imprisonment may be imposed; or a civil offense or infraction, except a juvenile offense, under a State or local law enacted as a substitute for a criminal charge. “Police records does not include investigatory files, police work-product records used solely for police investigation purposes, or records pertaining to nonincarcerable violations of the vehicle laws of the State or of any other traffic law, ordinance, or regulation.
(i) Probation Before Judgment. “Probation before judgment means disposition of a charge pursuant to Code, Criminal Procedure Article, § 6-220 or a civil offense or infraction, except a juvenile offense, under a State or local law enacted as a substitute for a criminal charge; it also means probation prior to judgment pursuant to former Code, Article 27, § 641, a disposition pursuant to former Code, Article 27, § 292(b), probation without finding a verdict pursuant to former Code, Article 27, § 641 prior to July 1, 1975, and a disposition pursuant to former Section 22-83 of the Code of Public Local Laws of Baltimore City (1969 Edition).
(j) Records. “Records means “police records and “court records.
(k) Service. “Service with respect to the application or petition means mailing a copy by certified mail or delivering it to any person admitting service, and with respect to any answer, notice, or order of court required by this Rule or court order to be served means mailing by first class mail.
(l) Transfer. “Transfer means the act, done pursuant to an order of court, of removing an action or proceeding from the court or docket in which it was originally filed or docketed to such other proper court or docket as the nature of the case may require.

Md. Crim. Causes. 4-502

This Rule is derived from former Rule EX1.

Adopted April 6, 1984, eff. July 1, 1984. Amended April 7, 1986, eff. July 1, 1986; July 27, 1987, eff. Aug. 17, 1987; June 28, 1988, eff. July 1, 1988; May 9, 1991, eff. July 1, 1991; May 14, 1992, eff. July 1, 1992; June 8, 1998, eff. Oct. 1, 1998; Oct. 5, 1999; Jan. 8, 2002, eff. Feb. 1, 2002; Oct. 31, 2002, eff. Jan. 1, 2003; Dec. 4, 2007, eff. Jan. 1, 2008.

HISTORICAL NOTES

1999 Orders

The October 5, 1999, order expanded the definition of “police records”.

2002 Orders

The January 8, 2002, order, in section (a), substituted “Criminal Procedure Article § 10-103 ” for “Article 27, § 736(f) “; in section (g), substituted “Criminal Procedure Article, § 10-103 ” for “Article 27, § 736(a) “; in section (h), substituted “Criminal Procedure Article, § 10-105(a) ” for “Article 27, § 737(a) “; and in section (j), substituted “Criminal Procedure Article, § 6-220 ” for “Article 27, § 641 “, substituted “verdict pursuant to former” for “verdict pursuant to”, and inserted “probation prior to judgment pursuant to former Code, Article 27, § 641 “.

The October 31, 2002, order, in section (f), substituted “any sheriff’s office, any State’s Attorney’s office, the Office of the State Prosecutor,” for “sheriff’s office, the State’s Attorney’s office,”.

2007 Orders

The December 4, 2007, order, expanded the definitions of “court records, police records” and probation before judgment to include a reference to certain civil offenses and infractions; and deleted the definition for notice.