Maryland Code, CRIMINAL PROCEDURE 10-223
Terms Used In Maryland Code, CRIMINAL PROCEDURE 10-223
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) A person challenging criminal history record information under subsection (a) of this section shall give written notice of the challenge to the Central Repository and, if the inspection was not at the Central Repository, to the criminal justice unit where the person inspected the information.
(c) The notice under subsection (b) of this section shall:
(1) state:
(i) the part of the criminal history record information being challenged;
(ii) the reason for the challenge; and
(iii) the change requested to correct or complete the criminal history record information or its dissemination;
(2) include any available certified documentation or other evidence supporting the challenge; and
(3) contain a sworn statement, under penalty of perjury, that the information in or supporting the challenge is accurate and the challenge is made in good faith.
(d) (1) After receiving the notice under subsection (b) of this section, the Central Repository shall audit that part of the criminal history record information that is necessary to determine the validity of the challenge.
(2) As part of the audit, the Central Repository may require the criminal justice unit that was the source of the challenged criminal history record information to verify the information.
(e) Within 90 days after receiving notice of the challenge, the Central Repository shall notify the person challenging the criminal history record information in writing of the audit results and its decision.
(f) If the challenge is denied as a whole or in part, the notice required under subsection (e) of this section shall inform the person of the right to appeal the decision.
(g) If the challenge is denied as a whole or in part, the Central Repository shall send written notice of this decision to each criminal justice unit that was sent a copy of the challenge.