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HB 621

Criminal Procedure - Expungement - Adverse Actions and Removal From Maryland Electronic Courts (MDEC) System

2025 Regular Session Introduced by David Moon

HB 621 removes references to cannabis-only expunged cases from MDEC and requires expungement completion, protecting individuals from disclosures affecting licenses, schooling, or s

Hearing 3/04 at 1:00 p.m.
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Bill Summary · HB 621

Summary — HB 621

Criminal Procedure — Expungement — Adverse Actions and Removal From Maryland Electronic Courts (MDEC) System

Purpose

HB 621 clarifies and strengthens protections for people with expunged criminal records and requires removal of certain cannabis possession cases from the Maryland Electronic Courts (MDEC) system. The bill aims to limit adverse consequences that flow from expunged records and to ensure MDEC does not continue to reflect cases that have been or should be expunged.

Key provisions

  • Non‑disclosure protections
    • A person is not required to disclose information about expunged criminal charges in applications, interviews, or other inquiries by employers, educational institutions, or state/local governmental units.
    • The bill explicitly provides that refusal to disclose expunged information may not be the sole reason for:
    • a state or local unit/official/employee to deny an application for a license, permit, registration, or governmental service; or
    • an educational institution to expel or refuse to admit the person.
  • MDEC and expungement
    • The Maryland Judiciary Case Search and the Maryland Electronic Courts (MDEC) system may not in any way refer to the existence of a criminal case in which possession of cannabis (Criminal Law §5‑601) is the only charge and the charge was disposed of before July 1, 2023.
    • The bill amends the statutory definition of “expunge” to include removal of all references from the Central Repository and the MDEC system.
    • DPSCS is directed to expunge (remove) all such cannabis‑possession‑only cases issued before July 1, 2023; §10‑112 directs that this be completed on or before July 1, 2024 (the bill text sets these dates).
  • Statutory changes
    • Amends Criminal Procedure Article §§10‑109, 10‑111, and 10‑112 to reflect the above changes.

Who is affected

  • Individuals with expunged records (particularly those whose only charge was cannabis possession before July 1, 2023) — increased protection from denial of licenses, services, or school admission/continued enrollment based on refusal to disclose expunged records.
  • Educational institutions and state/local licensing bodies — limits on relying solely on refusal-to-disclose expunged records to deny applications or admissions.
  • Judiciary and DPSCS (and related IT systems managers) — required to remove references from MDEC; may need system updates.
  • Potential public safety databases (Central Repository) already addressed by prior law; this bill extends practical removal to MDEC.

Timeline, implementation & fiscal note

  • Bill text states an effective date of October 1, 2025.
  • The bill directs expungement/removal of specified cannabis-only cases disposed before July 1, 2023, to be completed by July 1, 2024 (statutory dates appear earlier than the effective date and may affect implementation scheduling).
  • Fiscal note (Maryland Department of Legislative Services, First Reader) estimates a one‑time Judiciary computer programming cost of $143,530 in FY2026 to remove/invalidate references in MDEC. Otherwise, no material ongoing fiscal effect is anticipated.

Enforcement & penalties

  • Violations of the non‑disclosure protections remain a misdemeanor: up to 1 year imprisonment and/or up to $1,000 fine per violation.
  • A convicted government official or employee may be removed/dismissed from public service.

Potential impacts

  • Reduces collateral barriers to employment, licensing, education, and government services for persons with expunged records; racial equity analyses suggest Black individuals may disproportionately benefit given overrepresentation in historical arrest/conviction data.
  • Requires technical updates to court IT systems (MDEC) and coordination between Judiciary and DPSCS to ensure records are fully removed or non‑referenced.

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

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