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Rule 4-505 – Answer to Application or Petition

May 13, 2021 | Criminal Prodcedure, Maryland

(a) Answer to Application. Within 30 days after service of an application for expungement, if the law enforcement agency objects to the expungement, the agency shall file an answer and serve a copy on the applicant or the attorney of record.
(b) Answer to Petition. Within 30 days after service of a petition for expungement, the State’s Attorney shall file an answer, and serve a copy on the petitioner or the attorney of record.

Cross reference: Code, Criminal Procedure Article, ยง 10-105(d).

(c) Contents. An answer objecting to expungement of records shall state in detail the specific grounds for objection. A law enforcement agency or State’s Attorney may by answer consent to the expungement of an applicant’s or petitioner’s record.
(d) Effect of Failure to Answer. The failure of a law enforcement agency or State’s Attorney to file an answer within the 30-day period constitutes a consent to the expungement as requested.

Md. Crim. Causes. 4-505

This Rule is derived from former Rule EX4.

Adopted April 6, 1984, eff. July 1, 1984. Amended May 9, 1991, eff. July 1, 1991; June 8, 1998, eff. Oct. 1, 1998; Jan. 8, 2002, eff. Feb. 1, 2002; Nov. 12, 2003, eff. Jan. 1, 2004.

HISTORICAL NOTES

2002 Orders

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

2003 Orders

The November 12, 2003, order rewrote section (a), which previously read:

“(a) Answer to Application. Within 30 days after service of an application for expungement, the law enforcement agency shall file an answer, if it has not previously filed a timely notice of denial or if it wishes to assert additional reasons for denial at the hearing, and serve a copy on the applicant or the attorney of record.”