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Rule 4-511 – Expungement Procedures

May 13, 2021 | Criminal Prodcedure, Maryland

Expungement procedures with respect to dockets and indices, case files, and other court records shall be as follows:

(a) Docket and Indices.

(1)In Bound Volume. If the docket or index is maintained in a bound volume, any entry therein referring to the applicant or petitioner shall be expunged, either by the clerk’s affixing over the docket or index entry an opaque, non-removable adhesive strip, or alternately by any other means of effective obliteration, and by endorsing on the strip or in the margin of the page the word “Expunged, the date of obliteration, and the clerk’s initials.
(2)On Case File Jacket. If the docket in the action is maintained on the cover or jacket of the case file, the file shall be removed and sealed in accordance with Rule 4-512.
(3)Microfilmed Dockets, Indices and Case Files. If the docket, index, and case file or any of them has been microfilmed, whether the original has been destroyed or not, the procedure for expungement of records, including references to the applicant’s or petitioner’s name, shall be as follows:

(i) any unitized microform of case file and docket entries shall be removed from its usual and customary filing place, and shall be sealed with the case file, pursuant to Rule 4-512.
(ii) any reference to the applicant or petitioner whose records have been ordered to be expunged, which appears in any index to microfilmed records, whether in writing, on microfilm, or recorded electronically or by any other means, shall be expunged by removal of any index card from the index; by effective obliteration of the reference from the index by affixing over the reference an opaque, non-removable adhesive strip endorsed “Expunged and dated and initialed by the clerk; or by removal of the index to a separate secure area to which the public is denied access, as the case may be.
(b) Case Files. The original case file relating to the records to be expunged shall be removed from its usual and customary location in the files in accordance with Rule 4-512 to a separate secure area to which the public is denied access, even if the case file contains matter relating to multiple defendants one or more of whom is not entitled to or has not requested expungement, and is required for further proceedings in the action with respect to the other defendant or defendants.

Md. Crim. Causes. 4-511

This Rule is derived from former Rule EX10.

Adopted April 6, 1984, eff. July 1, 1984.