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- SF385.1225 (2) 86 jm/rj 1/ 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) 86 jm/rj 2/ 2 #2. #3.