Senate
File
385
H-1176
Amend
Senate
File
385,
as
amended,
passed,
and
1
reprinted
by
the
Senate,
as
follows:
2
1.
By
striking
page
1,
line
3,
through
page
2,
line
3
18,
and
inserting:
4
<
1.
As
used
in
this
section,
unless
the
context
5
otherwise
requires,
“expunge”
and
“expungement”
mean
6
the
same
as
expunged
in
section
907.1.
7
2.
a.
Except
as
provided
in
paragraph
“b”
,
upon
8
application
of
a
defendant
or
a
prosecutor
in
a
9
criminal
case,
or
upon
the
court’s
own
motion
in
a
10
criminal
case,
the
court
shall
enter
an
order
expunging
11
the
record
of
such
criminal
case
if
the
court
finds
12
that
all
of
the
following
have
occurred,
as
applicable:
13
(1)
The
criminal
case
contains
one
or
more
criminal
14
charges
in
which
an
acquittal
was
entered
for
all
15
criminal
charges,
or
in
which
all
criminal
charges
were
16
otherwise
dismissed.
17
(2)
All
court
costs,
fees,
and
other
financial
18
obligations
ordered
by
the
court
or
assessed
by
the
19
clerk
of
the
district
court
have
been
paid.
20
(3)
A
minimum
of
one
hundred
eighty
days
have
21
passed
since
entry
of
the
judgment
of
acquittal
or
of
22
the
order
dismissing
the
case
relating
to
all
criminal
23
charges.
24
(4)
The
case
was
not
dismissed
due
to
the
defendant
25
being
found
not
guilty
by
reason
of
insanity.
26
(5)
The
defendant
was
not
found
incompetent
to
27
stand
trial
in
the
case.
28
b.
The
court
shall
not
enter
an
order
expunging
the
29
record
of
a
criminal
case
under
paragraph
“a”
unless
30
all
the
parties
in
the
case
have
had
time
to
object
on
31
the
grounds
that
one
or
more
of
the
relevant
conditions
32
in
paragraph
“a”
have
not
been
established.
33
3.
The
record
in
a
criminal
case
expunged
under
34
this
section
is
a
confidential
record
exempt
from
35
public
access
under
section
22.7
but
shall
be
made
36
available
by
the
clerk
of
the
district
court,
upon
37
request
and
without
court
order,
to
the
defendant
or
38
to
an
agency
or
person
granted
access
to
the
deferred
39
judgment
docket
under
section
907.4,
subsection
2.
40
4.
This
chapter
does
not
apply
to
dismissals
41
related
to
a
deferred
judgment
under
section
907.9.
42
5.
This
chapter
applies
to
all
public
offenses,
as
43
defined
under
section
692.1.
44
6.
The
court
shall
advise
the
defendant
of
the
45
provisions
of
this
chapter
upon
either
the
acquittal
or
46
the
dismissal
of
all
criminal
charges
in
a
case.
47
7.
The
supreme
court
may
prescribe
rules
governing
48
the
procedures
applicable
to
the
expungement
of
the
49
record
of
a
criminal
case
under
this
chapter.
50
-1-
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(2)
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2
#1.
8.
This
section
shall
apply
to
all
relevant
1
criminal
cases
that
occurred
prior
to,
on,
or
after
the
2
effective
date
of
this
Act.
>
3
2.
Title
page,
line
3,
after
<
date
>
by
inserting
4
<
and
applicability
>
5
3.
By
renumbering
as
necessary.
6
______________________________
COMMITTEE
ON
JUDICIARY
BALTIMORE
of
Boone,
Chairperson
-2-
SF385.1225
(2)
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jm/rj
2/
2
#2.
#3.