Maryland Code, CRIMINAL PROCEDURE 10-303
Terms Used In Maryland Code, CRIMINAL PROCEDURE 10-303
- Conviction: A judgement of guilt against a criminal defendant.
- County: means a county of the State or Baltimore City. See
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- including: means includes or including by way of illustration and not by way of limitation. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) (1) If the person is convicted of a new crime during the applicable time period set forth in subsection (a) of this section, the original conviction or convictions are not eligible for shielding unless the new conviction becomes eligible for shielding.
(2) A person is not eligible for shielding if the person is a defendant in a pending criminal proceeding.
(c) If a person is not eligible for shielding of one conviction in a unit, the person is not eligible for shielding of any other conviction in the unit.
(d) (1) The court shall have a copy of a petition for shielding served on the State‘s Attorney.
(2) Unless the State’s Attorney files an objection to the petition for shielding within 30 days after the petition is served, the court may order the shielding of all police records and court records relating to the conviction or convictions after taking into consideration any objections or additional information provided by the State’s Attorney or the victim.
(e) (1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court, at the hearing, finds that the person is entitled to shielding, the court shall order the shielding of all police records and court records relating to the conviction or convictions.
(3) The court may grant a petition under this subsection for good cause.
(4) A person may be granted only one shielding petition over the lifetime of the person.
(f) The court shall send written notice of the proposed action to all listed victims in the case in which the petitioner is seeking shielding at the address listed in the court file advising the victim or victims of the right to offer additional information relevant to the shielding petition to the court.