Maryland § 10-103.1

Full text of Maryland Maryland Code § 10-103.1, with citation guidance and answers to common questions.

§ 10-103.1.

    (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.

    (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:

        (1)    search diligently for and expunge each police record about the arrest or confinement of the person; and

        (2)    send a notice of expungement containing all relevant facts about the expungement and underlying arrest or confinement to:

            (i)    the Central Repository;

            (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

            (iii)    the person entitled to expungement.

    (c)    Within 60 days after receipt of the notice, the Central Repository, a booking facility, and any other law enforcement unit shall:

        (1)    search diligently for and expunge each police record about the arrest or confinement of the person; and

        (2)    advise in writing the person entitled to expungement of compliance with the order.

    (d)    (1)    A police record expunged under this section may not be expunged by obliteration until 3 years after the date of expungement.

        (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.

        (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.

    (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:

        (1)    seek redress by means of any appropriate legal remedy; and

        (2)    recover court costs.

    (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.

Frequently Asked Questions About Maryland § 10-103.1

What does Maryland Code § 10-103.1 cover?

Section 10-103.1 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Maryland § 10-103.1?

A common citation format is "Maryland Code § 10-103.1" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Maryland law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.

How does Maryland § 10-103.1 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.