Rule 4-505. Answer to Application or Petition

(a) Answer to Application Within 30 days after service of an application for expungement, if the law enforcement agency objects to the expungement, the agency shall file an answer and serve a copy on the applicant or the attorney of record.

(b) Answer to Petition Within 30 days after service of a petition for expungement, the State's Attorney shall file an answer, and serve a copy on the petitioner or the attorney of record.

(c) Contents An answer objecting to expungement of records shall state in detail the specific grounds for objection. A law enforcement agency or State's Attorney may by answer consent to the expungement of an applicant's or petitioner's record.

(d) Effect of Failure to Answer The failure of a law enforcement agency or State's Attorney to file an answer within the 30-day period constitutes a consent to the expungement as requested.

Committee Notes

Cross reference: Code, Criminal Procedure Article, § 10-105 (d). Source: This Rule is derived from former Rule EX4.