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Bill

SB 398

Criminal Procedure - Automated Expungement

2025 Regular Session Introduced by Mike McKay

Maryland bill creates automatic expungement system to remove eligible criminal records without requiring individuals to file petitions, reducing barriers to employment and reentry.

Hearing 2/05 at 2:00 p.m.
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Bill Summary · SB 398

Legislative bill overview

SB 398 establishes an automated expungement system for eligible criminal records in Maryland, allowing certain convictions and charges to be removed from public record without requiring individuals to file petitions. The bill streamlines the process by having the court system automatically identify and expunge records that meet statutory eligibility criteria, reducing administrative burden on both courts and justice-involved individuals.

Why is this important

Automatic expungement removes barriers to employment, housing, and education for people with eligible criminal histories, potentially reducing recidivism by facilitating reentry. This addresses a practical problem where many eligible individuals don't seek expungement simply because they're unaware of the process or lack resources to navigate it, leaving them permanently burdened by records despite legal eligibility for relief.

Potential points of contention

  • Scope of eligibility: Disagreement over which offense categories and conviction types qualify for automatic expungement, with law enforcement potentially advocating for narrower inclusion while reform advocates push for broader coverage
  • Victim considerations: Questions about whether victims should be notified before records are expunged and whether certain offenses (particularly violent crimes) should be excluded regardless of legal eligibility
  • Implementation costs and timeline: Concerns about the technical infrastructure and staffing needed for courts to automatically process records, and whether adequate funding is allocated

Compiled from official sources — confirm details with the bill’s official record.

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