Md. Admin. Order of 2004-12-27 (Expungement of Criminal Records)

IN THE COURT OF APPEALS OF MARYLAND

WHEREAS, Compliance with an expungement order can be accomplished effectively

only if the Judiciary provides identifying information, required by the Department of Public

Safety and Correctional Services, Expungement Unit, for expungement of records in its

Criminal Justice Information System, as well as that of the Federal Bureau of Investigation;

and

WHEREAS, Maryland Rule 4-512(b) provides for expungement of court records

through sealing; and

WHEREAS, Immediate sealing of expunged records has interfered with obtaining the

identifying information needed for effective expungement and with proper filing of

certificates of compliance; and

WHEREAS, The process for unsealing expunged records is cumbersome, time

consuming, and unnecessary with regard to governmental personnel carrying out their duties

in connection with effective compliance with the order for expungement; and

WHEREAS, Maryland Code, Criminal Procedure Article, § 10-105(f) provides 60

days for compliance with an order for expungement not stayed pending appeal;

NOW, THEREFORE, I, Robert M. Bell, Chief Judge of the Court of Appeals and

administrative head of the Judicial Branch, pursuant to the authority conferred by Article IV,

§ 18 of the Maryland Constitution, do hereby order this 27th day of December, 2004:

1. On receipt of an order for expungement of a court record, a clerk of court:

A. Promptly shall remove the record from public inspection and give the

court and person seeking expungement notice of compliance;

B. During the 60 days after the date on which an unstayed order is entered,

shall allow access to the record by personnel of the Maryland Department of Public Safety and Correctional Services, Expungement Unit,

designated by the Manager of the Unit for purposes of complying with

the order;

C. Shall include within the record each Certificate of Compliance received

by the clerk with regard to the record;

D. Promptly shall notify the issuing judge if a custodian fails to file a

timely Certificate of Compliance; and

E. On notice from the Maryland Department of Public Safety and

Correctional Services, Expungement Unit, but no later than 60 days

after the date on which an unstayed order is entered, shall seal the

record in accordance with the Maryland Rule 4-512.

2. Personnel of the Maryland Department of Public Safety and Correctional Services,

Expungement Unit, shall carry out their responsibilities in connection with expunged

records as expeditiously as possible, in order to allow the sealing of expunged records

as soon as possible.

3. This Order shall be effective on January 15, 2005.

/s/ Robert M. Bell

Chief Judge

Filed: December 27, 2004

/s/ Alexander L. Cummings

Clerk

Court of Appeals of Maryland