SB 114
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 114 (Senator McCray)
Judicial Proceedings Judiciary
Criminal Procedure - Expungement of Conviction and Subsequent Offender
Penalties - Driving While Privilege Is Canceled, Suspended, Refused, or Revoked
This bill authorizes a person to file a petition for expungement of a conviction under
§ 16-303 of the Transportation Article (driving on a canceled, suspended, refused, or
revoked license/privilege) under § 10-110 of the Criminal Procedure Article. The bill also
establishes that the subsequent offender penalty under § 16-303 only applies when a person
commits a violation of § 16-303 within three years of a prior conviction under § 16-303.
Fiscal Summary
State Effect: Potential significant increase in general fund expenditures for the Judiciary
to process additional petitions for expungement. Minimal increase in general fund revenues
from filing fees. The bill’s penalty provisions are not expected to materially affect State
finances or operations.
Local Effect: Potential increase in expenditures for local entities to address petitions and
comply with expungement orders. The bill is not expected to materially affect local
revenues. The bill’s penalty provisions are not expected to materially affect local finances
or operations.
Small Business Effect: None.
Analysis
Current Law: The Criminal Procedure Article generally addresses the expungement of
court and police records. The Transportation Article further addresses the expungement of
a driving record.
Expungement of a Court or Police Record
To begin the process of expungement, a petitioner must file a petition for expungement
with the court under § 10-105 or § 10-110 of the Criminal Procedure Article, which
establishes eligibility for the expungement of records pertaining to a criminal charge or
conviction.
Expungement of a court or police record means removal from public inspection:
 by obliteration;
 by removal to a separate secure area to which persons who do not have a legitimate
reason for access are denied access; or
 if access to a court record or police record can be obtained only by reference to
another such record, by the expungement of that record, or the part of it that provides
access.
Pursuant to § 10-107 of the Criminal Procedure Article, if two or more charges, other than
one for a minor traffic violation, arise from the same incident, transaction, or set of facts,
they are considered to be a unit. If a person is not entitled to expungement of one charge
or conviction in a unit, the person is not entitled to expungement of any other charge in the
unit. This “unit rule” applies to expungements under §§ 10-105 and 10-110.
Section 10-105 of the Criminal Procedure Article
Under § 10-105 of the Criminal Procedure Article, a person who has been charged with the
commission of a crime for which a term of imprisonment may be imposed or who has been
charged with a civil offense or infraction, except a juvenile offense, may file a petition for
expungement of a police record, court record, or other record maintained by the State or a
political subdivision of the State, under various circumstances listed in the statute. These
grounds include acquittal, dismissal of charges, entry of probation before judgment, entry
of nolle prosequi, stet of charge, and gubernatorial pardon. Individuals convicted of a crime
that is no longer a crime, convicted of possession of marijuana under § 5-601 of the
Criminal Law Article, convicted of or found not criminally responsible for specified public
nuisance crimes or specified misdemeanors, or who had a conviction vacated due to being
a victim of human trafficking (as defined in statute), are also eligible for expungement of
the associated criminal records under certain circumstances.
In general, a petition for expungement under § 10-105 may not be filed until three years
after the disposition, unless the petitioner files a written waiver and release of all tort claims
arising from the charge.
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A person is not entitled to expungement if (1) subject to a specified exception, the petition
is based on the entry of probation before judgment and the person, within three years of
the entry of the probation before judgment, has been convicted of a crime other than a
minor traffic violation or a crime where the act on which the conviction is based is no
longer a crime or (2) the person is a defendant in a pending criminal proceeding.
Section 10-110 of the Criminal Procedure Article
Section 10-110 of the Criminal Procedure Article authorizes an individual convicted of any
of a list of approximately 100 specified offenses or an attempt, a conspiracy, or a
solicitation of any of these offenses, to file a petition for expungement of the conviction,
subject to specified procedures and requirements. An itemized list of convictions eligible
for expungement under § 10-110 is shown in the Appendix – Convictions Eligible for
Expungement.
In general, a petition for expungement of these convictions is subject to a 10-year waiting
period from when the petitioner completed the sentences imposed for all convictions for
which expungement is sought, including parole, probation, or mandatory supervision.
However, a petition for expungement of a felony or a conviction for misdemeanor
second-degree assault, common law battery, or for an offense classified as a domestically
related crime under § 6-233 of the Criminal Procedure Article is subject to a 15-year
waiting period.
Timeline for Expungement
Maryland’s expungement process for removing an eligible record takes a minimum of
90 days. If a State’s Attorney or victim, as applicable, objects, the court must hold a hearing
on the petition. If an objection is not filed within 30 days, as specified, the court must pass
an order requiring the expungement of all police and court records concerning the charges.
After the court orders are sent to each required agency, each agency has 60 days from
receipt to comply with the order.
Expungement of a Driving Record
Section 16-117.1 of the Transportation Article generally requires the Motor Vehicle
Administration (MVA) to automatically expunge a driving record depending on specified
factors, such as the length of time since the individual’s most recent conviction for a
moving violation or a “criminal offense” involving a motor vehicle and administrative
actions taken on the individual’s driver’s license. However, MVA is also statutorily
prohibited from expunging specified driving record entries, such as any driving record
entries required for assessment of subsequent offender penalties.
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Section 16-303 of the Transportation Article
In general § 16-303 of the Transportation Article prohibits a person from driving on a
canceled, suspended, refused, or revoked license/privilege. Specified violations of
§ 16-303 are punishable by a fine of up to $500. Other violations of § 16-303 are punishable
by imprisonment for up to one year and/or a $1,000 maximum fine for a first-time offender
or imprisonment for up to two years and/or a $1,000 maximum fine for a subsequent
offender. MVA is also required to assess 3 or 12 points against the driver’s license upon
conviction under § 16-303, depending on the type of violation involved.
State Revenues: General fund revenues increase at least minimally from District Court
filing fees for petitions for expungement. The District Court charges a $30 fee to petition
for expungement of a guilty disposition (conviction).
State Expenditures: General fund expenditures increase, perhaps significantly, for the
Judiciary to evaluate and process additional expungements under the bill. MVA can
implement the bill with existing budgeted resources.
Judiciary
Exhibit 1 contains fiscal 2019 and 2020 statistics on the number of convictions in the
District Court under § 16-303 of the Transportation Article. As noted below, approximately
5,200 convictions rendered in fiscal 2019 and 4,300 convictions rendered in fiscal 2020
would be eligible for expungement under the bill.
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 Exhibit 1
Violations and Convictions under § 16-303 of the Transportation Article
District Court
Fiscal 2019 and 2020
Guilty Dispositions Guilty Dispositions
Charge 2019 2020
Transportation § 16-303 (a) 3 0
Transportation § 16-303 (b) 0 0
Transportation § 16-303 (c) 2,176 1,540
Transportation § 16-303 (d) 504 450
Transportation § 16-303 (e) 1 0
Transportation § 16-303 (f) 29 246
Transportation § 16-303 (g) 68 54
Transportation § 16-303 (h) 2,362 1,961
Transportation § 16-303 (i) 20 29
Total 5,163 4,280
Source: Maryland Judiciary
Exhibit 2 contains information on the number of petitions for expungement filed in the
District Court from fiscal 2015 through 2020.
Exhibit 2
Petitions for Expungement
District Court
Fiscal 2015-2020
2015 2016 2017 2018 2019 2020*
District
32,726 39,706 47,697 62,631 74,508 55,105
Court
*Due to the COVID-19 pandemic, courts in Maryland were closed for a portion of fiscal 2020.
Source: Maryland Judiciary
The Judiciary advises that approximately 31 additional District Court clerks are needed to
implement the bill, based on an increase of 25,000 petitions per year (accounting for
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petitions to expunge older convictions), a 1.5 hour processing time per expungement, and
the time clerks have available to devote to the process. The cost associated with this
personnel is $1.8 million in fiscal 2022 and increases to $2.3 million by fiscal 2026.
The Department of Legislative Services notes that while the number of additional petitions
filed under the bill is likely to be higher initially, as petitions to expunge older convictions
are filed, the volume is likely to stabilize over time. However, the level of effort needed to
handle additional petitions each year cannot be reliably estimated at this time and can only
be determined with actual experience under the bill. A person with an older conviction for
driving on a suspended/revoked/canceled license may be less inclined to engage in the
expungement process, given the 10-year waiting period and the lack of stigma associated
with the offense, absent other consequences or factors (e.g., job opportunities with
transportation responsibilities or the inability to expunge another disposition within a unit
of charges due to a conviction under § 16-303).
However, for illustrative purposes only, adding one clerk to each of the five jurisdictions
with the highest case volume results in additional general fund expenditures of $285,898
in fiscal 2022, which increases to $366,884 by fiscal 2026.
Department of Public Safety and Correctional Services
The Department of Public Safety and Correctional Services advises that the bill does not
affect the Criminal Justice Information System Central Repository (CJIS). Under § 10-201
of the Criminal Procedure Article, data about a violation of a State traffic law is specifically
excluded from “criminal history record information”; therefore, that information would not
be present to expunge through CJIS’s criminal expungement process.
Other Agencies
The Maryland State Archives (MSA) is the repository for older court records. MSA advises
that while a modest increase in expungements of MSA records can be accommodated using
existing resources, a significant increase in expungements may result in a future need for
additional personnel.
The Department of State Police advises that it can implement the bill with existing
resources, since the only records it retains pertaining to § 16-303 convictions are records
relating to the issuance of an electronic citation.
Local Expenditures: Expenditures may increase for affected local entities (e.g., State’s
Attorneys’ offices and police departments) to evaluate petitions for expungement or
comply with orders for expungement under the bill. The extent to which this occurs
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depends on the number of petitions and orders under the bill and existing staffing resources
within the jurisdiction.
For example, Anne Arundel County advises that due to already strained resources, its
police department needs to hire a full-time employee to address the additional workload
under the bill, at a cost of approximately $52,000 in fiscal 2022, increasing to $58,000 by
fiscal 2026. Charles County advises that its State’s Attorney’s office needs at least
one additional employee under the bill, with an annual cost of approximately $67,000.
Frederick County also indicates the need for additional personnel. Montgomery County
Police Department advises that the bill creates an additional workload that may
require additional personnel. However, the Charles County Sheriff’s Office and the
City of Havre de Grace do not anticipate a fiscal impact from the bill.
Additional Information
Prior Introductions: SB 687 of 2020, a similar bill, passed the Senate and was referred
to the House Judiciary Committee. No further action was taken.
Designated Cross File: None.
Information Source(s): Anne Arundel, Charles, Frederick, Montgomery counties;
City of Havre de Grace; Maryland State Commission on Criminal Sentencing Policy;
Judiciary (Administrative Office of the Courts); Office of the Public Defender; Maryland
State’s Attorneys’ Association; Department of Public Safety and Correctional Services;
Department of State Police; Maryland Department of Transportation; Maryland State
Archives; Department of Legislative Services
Fiscal Note History: First Reader - January 17, 2021
rh/jkb Third Reader - March 29, 2021
Revised - Amendment(s) - March 29, 2021
Revised - Correction - March 29, 2021
Analysis by: Amy A. Devadas Direct Inquiries to:
(410) 946-5510
(301) 970-5510
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 Appendix – Convictions Eligible for Expungement
Convictions Eligible for Expungement under Section 10-110 of the Criminal
Procedure Article
Misdemeanors Eligible for Expungement
Alcoholic Beverages Article
AB, § 6-320: Disorderly Intoxication
Business Occupations and Professions Article
BOP, § 17-613(a): Crimes relating to real estate brokers and agents (e.g., failure to deposit
money in trust accounts, engaging in discriminatory real estate practices, acting as a dual
agent, providing brokerage services without a license, etc.)
Business Regulation Article
BR, § 5-610: Violation of Business Regulation Article, Title 5, Subtitle 6 (perpetual care
of cemeteries)
BR, § 5-712: Failure to deposit money received under or in connection with a preneed
burial contract
BR, § 5-904: Violation of any provision of Title 5, Subtitle 9 of the Business Regulation
Article (cemetery-related violations – failure to register as operator, operating a cemetery
without the proper form of business entity, and unauthorized representations)
BR, § 19-304: Violations of laws relating to returnable containers and returnable textiles
(improper use, improper registration, defacing, etc.)
BR, § 19-308: Violations of laws relating to plastic secondary packaging
Courts and Judicial Proceedings Article
CJ, § 3-1508: Failure to comply with a peace order
CJ, § 10-402: Divulging contents of communications (subsection (d))
Commercial Law Article
CL, § 14-1915: Violations of the Maryland Credit Services Businesses Act
CL, § 14-2902: False and fraudulent advertising
CL, § 14-2903: Bait and switch
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Criminal Procedure Article
CP, § 5-211: Failure to surrender after forfeiture of bail or recognizance
Criminal Law Article
CR, § 3-203: Assault in the second degree (misdemeanor)
CR, § 3-808: Filing a fraudulent lien or encumbrance
CR, § 5-601: Possession or administration of a controlled dangerous substance (not
involving use or possession of marijuana)
CR, § 5-618: Possession or purchase of noncontrolled substance that the person reasonably
believes is a controlled substance
CR, § 5-619: Use or possession of drug paraphernalia
CR, § 5-620: Obtaining, possessing, or distributing controlled paraphernalia
CR, § 5-703: Unsolicited mailing of a controlled dangerous substance, prescription drug,
or medicine
CR, § 5-708: Smelling or inhaling harmful substances
CR, § 5-902: Omitting, removing, altering, or obliterating a symbol required by federal
law for a substance governed by Title 5 of the Criminal Law Article (controlled dangerous
substance (CDS), prescriptions, and other substances); refusal or failure to maintain
specified documentation required under Title 5; refusing entry into a premises or inspection
of a premises authorized under Title 5), maintaining a place resorted to by others for illegal
use of CDS or for the keeping or selling of a CDS; unaut