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Bill > SB398


MD SB398

Criminal Procedure - Automated Expungement


summary

Introduced
01/20/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Repealing a certain provision of law requiring the Department of Public Safety and Correctional Services to expunge certain cases involving charges of possession of cannabis on or before a certain date; and establishing procedures for the automated expungement of certain cases by the Department and the Judiciary.

AI Summary

This bill establishes an automated process for expunging certain criminal cases in Maryland, specifically focusing on misdemeanor charges that meet specific eligibility criteria. The bill defines "expunge" as removing all references to a specified criminal case from the Central Repository and removing electronic court records from public view, without requiring physical destruction of documents. Starting on August 1, 2027, the Judiciary will monthly identify cases eligible for expungement under two main categories: cases meeting the criteria in § 10-105 (with at least 3 years passed since case disposition) and cases meeting the criteria in § 10-110 (misdemeanors that are not domestically related crimes or second-degree assault, with at least 7 years passed since case disposition). Once the Judiciary identifies newly eligible cases, they will electronically notify the Department of Public Safety and Correctional Services, which must then work with the Judiciary to expunge these cases within 30 days. The bill repeals previous language specifically related to cannabis possession cases and creates a more comprehensive automated expungement framework. The new provisions will take effect on October 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judicial Proceedings Hearing (14:00:00 2/5/2025 ) (on 02/05/2025)

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