ANNAPOLIS, MD — The Maryland General Assembly is considering a groundbreaking bill introduced by Senator Carter that seeks to amend current limitations on the expungement of criminal charges. Senate Bill 11 aims to repeal the existing mandate that prevents the expungement of individual charges within a set, or “unit,” unless every charge in the unit qualifies for expungement.
This legislation proposes the possibility of partial expungement for eligible charges, even when other charges in the unit remain ineligible. It establishes detailed procedural guidelines for these partial expungements under § 10-105 of the Criminal Procedure Article.
The financial implications of Senate Bill 11 indicate a potential increase in general fund expenditures, largely due to the need for additional staff within the Judiciary and the Department of Public Safety and Correctional Services. Furthermore, a one-time expense of $353,200 is projected for FY 2025 to cover computer reprogramming costs within the Judiciary. Minimal increases in general fund revenues are expected from filing fees.
Local entities may face increased expenditures based on available resources and workload adjustments required to process these partial expungements. However, the bill does not anticipate any direct financial impact on small businesses.
Senate Bill 11 clarifies the process for individuals seeking partial expungement of charges arising from the same incident, transaction, or set of facts when some charges are not eligible for expungement. The proposed legislation also outlines measures for handling records when complete expungement is impractical, including restricting public access to eligible records online and within the Central Repository, while allowing the state or local jurisdictions to maintain complete written records with limited access.
Under current Maryland law, expungement seeks the removal of court or police records from public view, through obliteration, secure storage, or the expungement of associated records that provide access to the expunged information. Senate Bill 11 represents a significant modification to these procedures, aiming to offer individuals a clearer path towards removing eligible charges from public record.