§ 10-109. Prohibited acts

MD Crim Pro Code § 10-109 (2019) (N/A)
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(a)    (1)    Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:

(i)    by an employer or educational institution of a person who applies for employment or admission; or

(ii)    by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.

(2)    A person need not refer to or give information concerning an expunged charge when answering a question concerning:

(i)    a criminal charge that did not result in a conviction; or

(ii)    a conviction that the Governor pardoned.

(3)    Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:

(i)    an employer to discharge or refuse to hire the person; or

(ii)    a unit, official, or employee of the State or a political subdivision of the State to deny the person’s application.

(b)    (1)    A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both for each violation.

(2)    In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.