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Maryland’s Second Chance Act

I’ve gotten a few calls about the expungement bills in the legislature, specifically Maryland’s Second Chance Act.  Our government affairs committee has been monitoring this bill closely, but chose not to speak out against it, as the shielded crimes were in the process of being narrowed and there was already vocal opposition in the space.  The link to the amended, marked up bill is here.  It has passed the senate floor unanimously.  I’ve listed below what will be shielded if this bill passes, and where there are exceptions to the shield.

(E) “SHIELD” MEANS TO RENDER A COURT RECORD AND POLICE RECORD RELATING TO A CONVICTION OF A CRIME INACCESSIBLE BY MEMBERS OF THE PUBLIC.  

(F) “SHIELDABLE CONVICTION” MEANS A CONVICTION OF ONE OF THE FOLLOWING CRIMES:  

(1) DISORDERLY CONDUCT UNDER §10–201(C)(2) OF THE CRIMINAL LAW ARTICLE;  

(2) DISTURBING THE PEACE UNDER §10–201(C)(4) OF THE CRIMINAL LAW ARTICLE;  

(3) FAILURE TO OBEY A REASONABLE AND LAWFUL ORDER UNDER §10–201(C)(3) OF THE CRIMINAL LAW ARTICLE;  

(4) MALICIOUS DESTRUCTION OF PROPERTY IN THE LESSER DEGREE UNDER §6–301 OF THE CRIMINAL LAW ARTICLE;  

(5) TRESPASS ON POSTED PROPERTY UNDER § 6–402 OF THE CRIMINAL LAW ARTICLE;  

(6) MISDEMEANOR THEFT OF PROPERTY OR SERVICES UNDER §7–104(G)(2) OR (3) OF THE CRIMINAL LAW ARTICLE;  

(7) (6) POSSESSING OR ADMINISTERING A CONTROLLED DANGEROUS SUBSTANCE UNDER §5–601 OF THE CRIMINAL LAW ARTICLE;  

(8) (7) POSSESSING OR ADMINISTERING A NONCONTROLLED SUBSTANCE UNDER §5–618(A) OF THE CRIMINAL LAW ARTICLE;  

(9) (8) USE OF OR POSSESSION WITH INTENT TO USE DRUG PARAPHERNALIA UNDER §5–619(C)(1) OF THE CRIMINAL LAW ARTICLE;  

(10) (9) DRIVING WITHOUT A LICENSE UNDER §16–101 OF THE TRANSPORTATION ARTICLE;  

(11) (10) DRIVING WHILE PRIVILEGE IS CANCELED, SUSPENDED, REFUSED, OR REVOKED UNDER §16–303(A), (B), (C), (D), (E), (F), OR (G) OF THE TRANSPORTATION ARTICLE;

(12) (11) DRIVING WHILE UNINSURED UNDER §17–107 OF THE TRANSPORTATION ARTICLE; OR  

(13) (12) A PROSTITUTION OFFENSE UNDER §11–306(A)(1) OF THE CRIMINAL LAW ARTICLE IF THE CONVICTION IS FOR PROSTITUTION AND NOT ASSIGNATION.  

(G) “UNIT” MEANS TWO OR MORE CONVICTIONS THAT ARISE FROM THE SAME INCIDENT, TRANSACTION, OR SET OF FACTS.  

10–302.  

 

(A) THIS SUBTITLE DOES NOT APPLY TO A CONVICTION OF A DOMESTICALLY RELATED CRIME UNDER §6–233 OF THIS ARTICLE.

 

(B) A SHIELDED RECORD SHALL REMAIN FULLY ACCESSIBLE BY:  

(1) CRIMINAL JUSTICE UNITS FOR LEGITIMATE CRIMINAL JUSTICE PURPOSES;  

(2) PROSPECTIVE OR CURRENT EMPLOYERS OR GOVERNMENT LICENSING AGENCIES WHO ARE SUBJECT TO A STATUTORY OR CONTRACTUAL REGULATORY REQUIREMENT TO INQUIRE INTO THE CRIMINAL BACKGROUND OF AN APPLICANT OR EMPLOYEE FOR PURPOSES OF CARRYING OUT THAT REQUIREMENT;  

(3) FACILITIES THAT ARE AUTHORIZED TO INQUIRE INTO AN INDIVIDUAL’S CRIMINAL BACKGROUND UNDER §5–561(B), (C), (D), (E), (F), OR (G) OF THE FAMILY LAW ARTICLE;  

(4) THE PERSON WHO IS THE SUBJECT OF THE SHIELDED RECORD AND THAT PERSON’S ATTORNEY; AND  

(5) HEALTH OCCUPATIONS BOARDS ESTABLISHED UNDER THE HEALTH OCCUPATIONS ARTICLE;  

(6) THE NATALIE M. LAPRADE MEDICAL MARIJUANA COMMISSION ESTABLISHED UNDER TITLE 13, SUBTITLE 33 OF THE HEALTH – GENERAL ARTICLE;

(7) ENTITIES THAT USE VOLUNTEERS WHO CARE FOR OR SUPERVISE CHILDREN; AND  

(8) A PERSON RESPONSIBLE FOR ENFORCING OR ENSURING 1 COMPLIANCE WITH A STATUTORY OR REGULATORY REQUIREMENT DESCRIBED IN 2 ITEM (2) OF THIS SUBSECTION.

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