MARYLAND GENERAL ASSEMBLY

2025 Regular Session

HOUSE BILL XXXX

Introduced by Delegate [Name]

A BILL ENTITLED

The Maryland Second Chance Employment and Expungement Act of 2025

SECTION 1. SHORT TITLE.

This Act may be cited as the “Maryland Second Chance Employment and Expungement Act of 2025.”

SECTION 2. PURPOSE.

To reduce recidivism, promote public safety, and enhance economic mobility by establishing a streamlined, automatic expungement process for eligible criminal records in Maryland, while supporting recovery, employment, and reintegration services for formerly incarcerated individuals.

SECTION 3. DEFINITIONS.

  • Automatic Expungement: Removal of eligible criminal records from public view by the Judiciary and Department of Public Safety and Correctional Services (DPSCS) without requiring a petition.

  • Eligible Offense: Non-violent misdemeanors and felonies not involving sexual offenses, homicide, or crimes against minors.

  • Waiting Period: Three (3) years for certain misdemeanors (§10-105) and Three (3) years for other offenses (§10-110), as defined in the Criminal Procedure Article.

  • Expungement: Removal of references to a case from the Central Repository and public court records, while retaining access for law enforcement and judicial purposes.

SECTION 4. AUTOMATIC EXPUNGEMENT PROVISIONS.

(a) Implementation Timeline:
All eligible cases shall be automatically expunged by July 1, 2027. Monthly automated expungement shall begin August 1, 2027.

(b) Process:

  • DPSCS and the Judiciary shall identify eligible cases using secure, interoperable systems.

  • Expungement shall occur within 30 days of eligibility confirmation.

  • Individuals shall be notified upon successful expungement.

(c) Oversight:
The Maryland Attorney General’s Office shall oversee compliance and address administrative delays.

SECTION 5. EXCLUSIONS.

Automatic expungement shall not apply to:

  • Sexual offenses requiring registration (§11–701)

  • Homicide or crimes resulting in death

  • Offenses against minors

  • Repeat felony offenders within the waiting period

  • Cases with pending charges or investigations

SECTION 6. RECOVERY AND EMPLOYMENT SUPPORT.

(a) Services Provided:

  • Substance abuse treatment

  • Mental health counseling

  • Peer support and transitional housing

  • Job training and placement assistance

(b) Coordination:
The Maryland Department of Health and Department of Labor shall collaborate with community organizations and the Calbert Foundation to deliver services.

SECTION 7. PUBLIC AWARENESS AND OUTREACH.

The Judiciary and DPSCS shall:

  • Develop educational materials

  • Host expungement clinics in partnership with Maryland Legal Aid and other nonprofits

  • Ensure accessibility for underserved communities

SECTION 8. FUNDING.

Funding shall be allocated through:

  • Maryland Judiciary Technology Modernization Grants

  • Federal Second Chance Act Programs

  • State appropriations and private partnerships

SECTION 9. APPEALS PROCESS.

Individuals denied automatic expungement may:

  • File an appeal within 90 days

  • Receive a hearing within 60 days

  • Be represented by counsel

  • Seek judicial review if denied

SECTION 10. FISCAL IMPACT.

Estimated costs:

  • Initial implementation: $3 million

  • Annual operations: $1.5 million

  • Projected benefits:

    • 20% reduction in recidivism

    • $8 million increase in tax revenue

    • $15–$25 million savings in public expenditures

SECTION 11. EFFECTIVE DATE.

This Act shall take effect October 1, 2025, with full implementation by July 1, 2027.