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Rule 4-503 – Application for Expungement of Record for an Arrest, Detention, or Confinement Occurring Before October 1, 2007 when NO Charges Filed

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Scope and Venue. An application for expungement of police records may be filed by any person who has been arrested, detained, or confined by a law enforcement agency, and has subsequently been released without having been charged with a crime, if (1) the applicant has first served on the law enforcement agency that arrested, detained, or confined the applicant a written request for expungement in the form set forth at the end of this Title as Form 4-503.1, which shall be served within eight years after the date of the incident; and (2) the request for expungement has been denied or has not been acted upon within 60 days after it was served. The application shall be filed in the District Court for the county in which the applicant was first arrested, detained, or confined.

Cross reference: Code, Criminal Procedure Article, § 10-103.

(b) Contents–Time for Filing. The application shall be in the form set forth at the end of this Title as Form 4-503.3 and shall be filed within 30 days after service of notice that the request for expungement is denied by the agency or, if no action is taken by the agency, within 30 days after expiration of the time period provided in subsection (a) (2) of this Rule.
(c) Copies for Service. The applicant shall file with the clerk a sufficient number of copies of the application for service on the State’s Attorney and each law enforcement agency named in the application.
(d) Procedure Upon Filing. Upon filing of an application, the clerk shall docket the proceeding, issue a Notice of Hearing in the form set forth at the end of this Title as Form 4-503.4, and serve copies of the application and notice on the State’s Attorney and each law enforcement agency named in the application.

Md. Crim. Causes. 4-503

This Rule is derived from former Rule EX3 a and c 1 and 2.

Adopted April 6, 1984, eff. July 1, 1984. Amended Jan. 8, 2002, eff. Feb. 1, 2002; Dec. 4, 2007, eff. Jan. 1, 2008.

HISTORICAL NOTES

2002 Orders

The January 8, 2002, order amended the cross reference following section (a).

2007 Orders

The December 4, 2007, order, rewrote section (a); and added a Committee note following section (d). Section (a) previously read:

(a) Scope and Venue. An application for expungement of police records may be filed by any person who has been arrested, detained, or confined by a law enforcement agency, and has subsequently been released without having been charged with a crime, if (1) the applicant has first served on the law enforcement agency that arrested, detained, or confined the applicant a notice and request for expungement in the form set forth at the end of this Title as Form 4-503.1, which, if served within three years after the applicant’s arrest, detention, or confinement, shall be accompanied by a duly executed General Waiver and Release in the form set forth as Form 4-503.2; and (2) the request for expungement has been denied or has not been acted upon within 60 days after its receipt. The application shall be filed in the District Court for the county in which the applicant was first arrested, detained, or confined.

Committee note: Law enforcement units will automatically expunge records pertaining to arrests, detentions, and confinements occurring on or after October 1, 2007 that do not result in a criminal charge. If the person who has been arrested, detained, or confined does not receive a notice of expungement from the law enforcement unit within 60 days after the person’s release or does not receive a writing from the law enforcement unit within 60 days of the notice advising the person of compliance with the order to expunge, the person may seek redress by means of any appropriate legal remedy and recover court costs. See Code, Criminal Procedure Article, § 10-103.1.