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Advocates press Judiciary Committee to clear eligible records automatically; agencies seek phased approach
Summary
Supporters of HB 5 45 told the Judiciary Committee automatic expungement would clear large numbers of eligible non‑conviction records and help people obtain jobs and housing, but agency officials urged a phased, technical approach to avoid leaving traces in court IT systems.
Advocates of automatic record clearing urged the House Judiciary Committee to advance House Bill 5 45, a proposal to automate expungement of eligible non‑convictions and other records after statutory waiting periods. Delegate Moon said a narrowly tailored amendment would allow the judiciary and corrections to perform the automated clears now for records already eligible under existing statute, focusing first on cases covered by Maryland Code section 10‑1105 (three‑year waiting‑period dispositions) and on single‑charge cases or cases where every count is eligible.
Multiple witnesses described the practical barrier: thousands of Marylanders are functionally eligible for petition‑based expungement but do not obtain it because the process is time consuming and costly. Nan Gibson of the JPMorgan Chase Policy Center and Mark Woodard of Job Opportunities Task Force said automatic sealing would expand access to employment and create tax revenue and workforce gains. Eric Alley of Eastern Shore Legal Access and Martin Mitchell of Life After Release described people they represent who cannot pass background checks despite long spans of crime‑free years. Sarah Anderson of the R Street Institute and national advocates noted the approach mirrors successful laws in other states and emphasized the bill would shield records rather than destroy them, preserving access for law enforcement and court purposes where statutes allow.
Committee members and witnesses raised technical questions about electronic records. Delegate Moon and agency witnesses described the complexity of Maryland’s criminal records infrastructure: CJIS, Judiciary Case Search, and the Maryland courts’ MDEC system can each store different traces of a case. Several speakers agreed a phased approach — start with clear non‑conviction records and cases where the judiciary can reliably identify eligible files — would be more feasible than a single nationwide sweep. Some prosecutors and court staff cautioned about PBJ (probation before judgment) and other complicated dispositions that require cross‑checking active cases or subsequent convictions before removal; witnesses recommended working through those exceptions in a multi‑stakeholder work group.
No vote was taken. Sponsors said they would work on a technical amendment and continue consultations with corrections and the judiciary to produce an implementable plan.
