{"data":{"id":"us-md/md.-code-criminal-procedure-10-103.1","jurisdiction":"us-md","citation":"Md. Code, Criminal Procedure § 10–103.1","heading":"","body":"(a) For arrests or confinements occurring on or after October 1, 2007, a person who is arrested or confined by a law enforcement unit and then is released without being charged with the commission of a crime is entitled to expungement of all police records, including photographs and fingerprints, relating to the matter.\n(b) Within 60 days after release of a person entitled to expungement of a police record under subsection (a) of this section, the law enforcement unit shall:\n(1) search diligently for and expunge each police record about the arrest or confinement of the person; and\n(2) send a notice of expungement containing all relevant facts about the expungement and underlying arrest or confinement to:\n(i) the Central Repository;\n(ii) each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest or confinement; and\n(iii) the person entitled to expungement.\n(c) Within 60 days after receipt of the notice, the Central Repository, a booking facility, and any other law enforcement unit shall:\n(1) search diligently for and expunge each police record about the arrest or confinement of the person; and\n(2) advise in writing the person entitled to expungement of compliance with the order.\n(d) (1) A police record expunged under this section may not be expunged by obliteration until 3 years after the date of expungement.\n(2) During the 3–year period described in paragraph (1) of this subsection, the records shall be removed to a separate secure area to which persons who do not have a legitimate reason for access are denied access.\n(3) For purposes of this subsection, a legitimate reason for accessing the records includes using the records for purposes of proceedings relating to the arrest.\n(e) If a law enforcement unit, a booking facility, or the Central Repository fails to expunge a police record as required under subsection (b) or (c) of this section, the person entitled to expungement may:\n(1) seek redress by means of any appropriate legal remedy; and\n(2) recover court costs.\n(f) A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement.","path":["Article - Criminal Procedure"],"source_url":"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcp\u0026section=10-103.1","current_through":"2026-01-01","vintage":"","retrieved_at":"2026-09-14T19:57:17Z","sha256":"eee285e4de2ed6da07eaf8b95d7fc9d304f1e8b962007a7c6fe7e6fe4f8e6cf9","source_id":"us-md","stale":false,"prev":"us-md/md.-code-criminal-procedure-10-103","next":"us-md/md.-code-criminal-procedure-10-104"},"notice":"GroundRules: Original legal text. Not legal advice."}