Overview Description

A record of arrest occurring on or after October 1, 2007, for which charges are not filed will be expunged within 60 days of the petitioner's release. Md. Code Ann., Crim. Proc. § 10-103.1.

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Within 60 days of the person's release, the arresting agency must expunge all records of the arrest and send notice to the person and agencies. For the specific procedure, see Md. Code Ann., Crim. Proc. § 10-103.1 et seq.

Fees

No fees or costs can be required. Md. Code Ann., Crim. Proc. § 10-103.1(f).

Effect

The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). Thereafter, the records can be obliterated. Md. Code Ann., Crim. Proc. § 10-103.1(d).

Waiting Periods

The record is expunged within 60 days of release.

(non-prod server)