In this subtitle the following words have the meanings indicated. “Central Repository” means the Criminal Justice Information System Central Repository in the Department. “Completion of the sentence” means the time when a sentence has expired, including any period of probation, parole, or mandatory supervision. “Court record” means an official record of a court that the clerk of a court or other court personnel keeps about: a criminal proceeding; or any other proceeding, except a juvenile proceeding, concerning a civil offense or infraction enacted under State or local law as a substitute for a criminal charge. “Court record” includes: a record of a violation of the Transportation Article for which a term of imprisonment may be imposed; and an index, docket entry, charging document, pleading, memorandum, transcription of proceedings, electronic recording, order, and judgment. “Expunge” means to remove information from public inspection in accordance with this subtitle. Except as otherwise provided in this subtitle, “expungement” with respect to a court record or a police record means removal from public inspection: by obliteration; by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access. “Law enforcement unit” means a State, county, or municipal police department or unit, the office of a sheriff, the office of a State’s Attorney, the Office of the State Prosecutor, or the Office of the Attorney General of the State. “Minor traffic violation” means a nonincarcerable violation of the Maryland Vehicle Law or any other traffic law, ordinance, or regulation. “Police record” means an official record that a law enforcement unit, booking facility, or the Central Repository maintains about the arrest and detention of, or further proceeding against, a person for: a criminal charge; a suspected violation of a criminal law; a violation of the Transportation Article for which a term of imprisonment may be imposed; or a civil offense or infraction, except a juvenile offense, enacted under State or local law as a substitute for a criminal charge.

A police record or a court record is subject to expungement under this subtitle. A court record or a police record that existed before July 1, 1975, and is still maintained, may be expunged under this subtitle. A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975, may use the procedures for expungement provided under this subtitle. The limitation periods provided in § 10–105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975. The custodian of court records or police records that were made before July 1, 1975, and that may be expunged under this subtitle: shall make a reasonable search for a record requested for expungement; but need not expunge a court record or a police record that is not found after a reasonable search. This subtitle does not apply to: a record about a minor traffic violation; the published opinion of a court; a cash receipt or disbursement record that is necessary for audit purposes; a transcript of court proceedings made by a court reporter in a multiple defendant case; an investigatory file; or a record of the work product of a law enforcement unit that is used solely for police investigation.

For arrests, detentions, or confinements occurring before October 1, 2007, a person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may request the expungement of the police record. The person shall request expungement within 8 years after the date of the incident. On receipt of a timely filed request, the law enforcement unit promptly shall investigate and try to verify the facts stated in the request. If the law enforcement unit finds the facts are true, the law enforcement unit shall: search diligently for each police record about the arrest, detention, or confinement of the person; expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the request; and send a copy of the request and the law enforcement unit’s verification of the facts in the request to: the Central Repository; each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and the person requesting expungement. Within 60 days after receipt of the request, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement. If the law enforcement unit to which the person has sent a request finds that the person is not entitled to an expungement of the police record, the law enforcement unit, within 60 days after receipt of the request, shall advise the person in writing of: the denial of the request for expungement; and the reasons for the denial. If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungement in the District Court that has proper venue against the law enforcement unit. The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person. After notice to the law enforcement unit, the court shall hold a hearing. If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expunge the police record. If the court finds that the person is not entitled to expungement of the police record, the court shall deny the application. The law enforcement unit is a party to the proceeding. Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court. A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement.

For arrests or confinements occurring on or after October 1, 2007, a person who is arrested or confined by a law enforcement unit and then is released without being charged with the commission of a crime is entitled to expungement of all police records, including photographs and fingerprints, relating to the matter. Within 60 days after release of a person entitled to expungement of a police record under subsection (a) of this section, the law enforcement unit shall: search diligently for and expunge each police record about the arrest or confinement of the person; and send a notice of expungement containing all relevant facts about the expungement and underlying arrest or confinement to: the Central Repository; each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest or confinement; and the person entitled to expungement. Within 60 days after receipt of the notice, the Central Repository, a booking facility, and any other law enforcement unit shall: search diligently for and expunge each police record about the arrest or confinement of the person; and advise in writing the person entitled to expungement of compliance with the order. A police record expunged under this section may not be expunged by obliteration until 3 years after the date of expungement. During the 3–year period described in paragraph (1) of this subsection, the records shall be removed to a separate secure area to which persons who do not have a legitimate reason for access are denied access. For purposes of this subsection, a legitimate reason for accessing the records includes using the records for purposes of proceedings relating to the arrest. If a law enforcement unit, a booking facility, or the Central Repository fails to expunge a police record as required under subsection (b) or (c) of this section, the person entitled to expungement may: seek redress by means of any appropriate legal remedy; and recover court costs. A person who is entitled to expungement under this section may not be required to pay any fee or costs in connection with the expungement.

Unless the State objects and shows cause why a record should not be expunged, if the State enters a nolle prosequi as to all charges in a criminal case within the jurisdiction of the District Court with which a defendant has not been served, the District Court may order expungement of each court record, police record, or other record that the State or a political subdivision of the State keeps as to the charges. The District Court may not assess any costs against a defendant for a proceeding under subsection (a) of this section.

A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, or who has been charged with a civil offense or infraction, except a juvenile offense, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if: the person is acquitted; the charge is otherwise dismissed; a probation before judgment is entered, unless the person is charged with a violation of § 21–902(c), (d), (h), or (i) of the Transportation Article or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article; a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered; the court indefinitely postpones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket; the case is compromised under § 3–207 of the Criminal Law Article; the charge was transferred to the juvenile court under § 4–202 of this article; the person: is convicted of only one criminal act, and that act is not a crime of violence; and is granted a full and unconditional pardon by the Governor; the person was convicted of a crime or found not criminally responsible under any State or local law that prohibits: urination or defecation in a public place; panhandling or soliciting money; drinking an alcoholic beverage in a public place; obstructing the free passage of another in a public place or a public conveyance; sleeping on or in park structures, such as benches or doorways; loitering; vagrancy; riding a transit vehicle without paying the applicable fare or exhibiting proof of payment; or except for carrying or possessing an explosive, acid, concealed weapon, or other dangerous article as provided in § 7–705(b)(6) of the Transportation Article, any of the acts specified in § 7–705 of the Transportation Article; the person was found not criminally responsible under any State or local law that prohibits misdemeanor: trespass; disturbing the peace; or telephone misuse; except as provided in subsection (a–1) of this section, the person was convicted of a crime and the act on which the conviction was based is no longer a crime; the person was convicted of possession of cannabis under § 5–601 of the Criminal Law Article; or the person was convicted of a crime and the conviction was vacated under § 8–302 of this article. An expungement may not be obtained under subsection (a)(11) of this section for a conviction for sodomy as that offense existed before October 1, 2020, or a violation of § 3–322 of the Criminal Law Article as that offense existed before October 1, 2023, where the offense was committed: without consent; with a minor under the age of 16; with anyone the individual could not marry under § 2–202 of the Family Law Article; with a mentally incapacitated individual, as defined in § 3–301 of the Criminal Law Article; with a physically helpless individual, as defined in § 3–301 of the Criminal Law Article; or with a substantially cognitively impaired individual, as defined in § 3–301 of the Criminal Law Article. A person’s attorney or personal representative may file a petition, on behalf of the person, for expungement under this section if the person died before disposition of the charge by nolle prosequi or dismissal. Except as provided in paragraphs (2) and (3) of this subsection and § 10–105.1 of this subtitle, a person shall file a petition in the court in which the proceeding began. Except as provided in subparagraph (ii) of this paragraph, if the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred. If the proceeding began in one court and was transferred to the juvenile court under § 4–202 or § 4–202.2 of this article, the person shall file the petition in the court of original jurisdiction from which the order of transfer was entered. If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court. The appellate court may remand the matter to the court of original jurisdiction. Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge. Except as provided in subparagraph (ii) of this paragraph, a petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of: the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket. A petition for expungement based on a probation before judgment for a violation of § 21–902(a) or (b) of the Transportation Article may not be filed within 15 years after the date the petitioner was discharged from probation. A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment. A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor. Except as provided in paragraph (2) of this subsection, a petition for expungement based on a stet or a compromise under § 3–207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise. A petition for expungement based on the conviction of a crime under subsection (a)(9) of this section may not be filed within 3 years after the completion of the sentence. A petition for expungement based on a finding of not criminally responsible under subsection (a)(9) or (10) of this section may not be filed within 3 years after the finding of not criminally responsible was made by the court. A petition for expungement based on the conviction of a crime under subsection (a)(12) of this section may not be filed before the completion of the sentence. A court may grant a petition for expungement at any time on a showing of good cause. Except as provided in § 10–105.1 of this subtitle, the court shall have a copy of a petition for expungement served on the State’s Attorney. Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungement of all police records and court records about the charge. If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing. If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungement of all police records and court records about the charge. If the court finds that the person is not entitled to expungement, the court shall deny the petition. The person is not entitled to expungement if: except as provided in item (ii) of this paragraph, the petition is based on the entry of probation before judgment, except a probation before judgment for a crime where the act on which the conviction is based is no longer a crime, and the person within 3 years after the entry of the probation before judgment has been convicted of a crime other than a minor traffic violation or a crime where the act on which the conviction is based is no longer a crime; the petition is based on the entry of probation before judgment for a violation of § 21–902(a) or (b) of the Transportation Article and the person within 15 years after the entry of the probation before judgment has: been convicted of a crime other than a minor traffic violation or a crime where the act on which the conviction is based is no longer a crime; or received probation before judgment for a violation of § 21–902 of the Transportation Article; or the person is a defendant in a pending criminal proceeding. In determining whether the person is entitled to expungement, the court shall consider, to the extent applicable: the person’s success at probation, parole, or mandatory supervision; and whether the person has paid any monetary restitution ordered by the court in the original proceeding or does not have the ability to pay the restitution. Except as provided in § 10–105.1 of this subtitle and unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order. The State’s Attorney is a party to the proceeding. A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article.

Beginning October 1, 2021, any police record, court record, or other record maintained by the State or a political subdivision of the State relating to the charging of a civil offense under § 5–601(c)(2)(ii) of the Criminal Law Article or a crime other than a violation of the Transportation Article for which the defendant is not required to appear shall be expunged 3 years after a disposition of the charge if no charge in the case resulted in a disposition other than: acquittal; dismissal; not guilty; or nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment. For a case described in subsection (a) of this section, the court shall send notice of the disposition of each charge in the case and the date on which expungement is required to: the Central Repository; each booking facility, law enforcement unit, and other unit of the State and political subdivision of the State that the court believes may have a record subject to expungement under this section; and the person entitled to expungement.

Subject to subsection (b) of this section, after disposition of all charges in a case involving a civil offense under § 5–601(c)(2)(ii) of the Criminal Law Article or a crime other than a violation of the Transportation Article for which the defendant is not required to appear, the court shall notify the defendant of the defendant’s right to expungement under § 10–105 of this subtitle if no charge in the case resulted in a disposition other than: acquittal; dismissal; not guilty; or nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment. If the defendant is not present in court for the disposition, the court shall notify the defendant by mail. The notice provided under this section shall include a written form for general waiver and release of all tort claims relating to the charge or charges eligible for expungement under § 10–105 of this subtitle.

A person incarcerated after having been convicted of possession of cannabis under § 5–601 of the Criminal Law Article may present an application for resentencing to the court that sentenced the person. The court shall grant the application and resentence the person to time served. If the person is not serving a concurrent or consecutive sentence for another crime, the person shall be released from incarceration.

Any unpaid court fees or costs are not a bar to expungement under this subtitle. When ordering or effecting an expungement under this subtitle, the court shall waive any court fees and costs associated with the charge being expunged.

A person may file, and a court shall grant, a petition for expungement of a criminal charge transferred to the juvenile court under § 4–202 or § 4–202.2 of this article. A petition for expungement filed under this section shall be filed in the court of original jurisdiction from which the order of transfer was entered.

In this subtitle, if two or more charges, other than one for a minor traffic violation or possession of cannabis under § 5–601 of the Criminal Law Article, arise from the same incident, transaction, or set of facts, they are considered to be a unit. A charge for a minor traffic violation or possession of cannabis under § 5–601 of the Criminal Law Article that arises from the same incident, transaction, or set of facts as a charge in the unit is not a part of the unit. If a person is not entitled to expungement of one charge or conviction in a unit, the person is not entitled to expungement of any other charge or conviction in the unit. The disposition of a charge for a minor traffic violation that arises from the same incident, transaction, or set of facts as a charge in the unit does not affect any right to expungement of a charge or conviction in the unit.

A person may not open or review an expunged record or disclose to another person any information from that record without a court order from: the court that ordered the record expunged; or the District Court that has venue in the case of a police record expunged under § 10-103 of this subtitle. A court may order the opening or review of an expunged record or the disclosure of information from that record: after notice to the person whom the record concerns, a hearing, and the showing of good cause; or on an ex parte order, as provided in subsection (c) of this section. The court may pass an ex parte order allowing access to an expunged record, without notice to the person who is the subject of that record, on a verified petition filed by a State’s Attorney alleging that: the expunged record is needed by a law enforcement unit for a pending criminal investigation; and the investigation will be jeopardized or life or property will be endangered without immediate access to the expunged record. In an ex parte order, the court may not allow a copy of the expunged record to be made. 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. 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.

Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required: by an employer or educational institution of a person who applies for employment or admission; or 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. A person need not refer to or give information concerning an expunged charge when answering a question concerning: a criminal charge that did not result in a conviction; or a conviction that the Governor pardoned. Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for: an employer to discharge or refuse to hire the person; or a unit, official, or employee of the State or a political subdivision of the State to deny the person’s application. 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. 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.

A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of: a misdemeanor that is a violation of: § 6–320 of the Alcoholic Beverages and Cannabis Article; an offense listed in § 17–613(a) of the Business Occupations and Professions Article; § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of the Business Regulation Article; § 3–1508 or § 10–402 of the Courts Article; § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law Article; § 5–211 of this article; § 3–203 or § 3–808 of the Criminal Law Article; § 5–601 not involving the use or possession of cannabis, § 5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law Article; § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article; § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the Criminal Law Article; § 8–103, § 8–106, § 8–204, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article; § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article; § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the Criminal Law Article; § 11–303, § 11–306, or § 11–307 of the Criminal Law Article; § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 12–204, § 12–205, or § 12–302 of the Criminal Law Article; § 13–401, § 13–602, or § 16–201 of the Election Law Article; § 4–509 of the Family Law Article; § 18–215 of the Health – General Article; § 4–411 or § 4–2005 of the Housing and Community Development Article; § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 27–407.1, or § 27–407.2 of the Insurance Article; § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed limits for personal watercraft; § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, § 10–502, § 10–611, or § 10–907(a) of the Natural Resources Article; § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public Safety Article; § 7–318.1, § 7–509, or § 10–507 of the Real Property Article; § 9–124 of the State Government Article; § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax – General Article; § 16–101 or § 16–303 of the Transportation Article; or the common law offenses of affray, rioting, criminal contempt, battery, or hindering; a felony that is a violation of: § 7–104 of the Criminal Law Article; the prohibition against possession with intent to distribute a controlled dangerous substance under § 5–602 of the Criminal Law Article; or § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; an attempt, a conspiracy, or a solicitation of any offense listed in item (1) or (2) of this subsection; or an offense listed in item (1), (2), or (3) of this subsection where a remaining charge was: disposed of by a court with a no finding designation; or included in a case that was designated by a court as having been terminated without finding. Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition for expungement in the court in which the proceeding began. Except as provided in subparagraph (ii) of this paragraph, if the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred. If the proceeding began in one court and was transferred to the juvenile court under § 4–202 or § 4–202.2 of this article, the person shall file the petition in the court of original jurisdiction from which the order of transfer was entered. If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court. The appellate court may remand the matter to the court of original jurisdiction. Except as otherwise provided in this subsection, a petition for expungement under this section may not be filed earlier than 5 years after the completion of the sentence. A petition for expungement for a violation of § 3–203 of the Criminal Law Article or common law battery may not be filed earlier than 7 years after the completion of the sentence. A petition for expungement for an offense classified as a domestically related crime under § 6–233 of this article may not be filed earlier than 15 years after the completion of the sentence. Except as provided in paragraphs (5) and (6) of this subsection, a petition for expungement of a felony may not be filed earlier than 7 years after the completion of the sentence. A petition for expungement of a conviction of possession with intent to distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than 3 years after the completion of the sentence. A petition for expungement of a conviction for § 6–202(a), § 6–203, or a felony that is a violation of § 7–104 of the Criminal Law Article may not be filed earlier than 10 years after the completion of the sentence. If the person is convicted of a new crime during the applicable time period set forth in subsection (c) of this section, the original conviction or convictions are not eligible for expungement unless the new conviction becomes eligible for expungement. A person is not eligible for expungement if the person is a defendant in a pending criminal proceeding. If a person is not eligible for expungement of one conviction in a unit, the person is not eligible for expungement of any other conviction in the unit. The court shall have a copy of a petition for expungement served on the State’s Attorney. The court shall send written notice of the expungement request to each listed victim in the case in which the petitioner is seeking expungement at the address listed in the court file, advising the victim of the right to offer additional information relevant to the expungement petition to the court. Unless the State’s Attorney or a victim files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungement of all police records and court records about the charge. If the State’s Attorney or a victim files a timely objection to the petition, the court shall hold a hearing. The court shall order the expungement of all police records and court records about the charge after a hearing, if the court finds and states on the record: that the conviction is eligible for expungement under subsection (a) of this section; that the person is eligible for expungement under subsection (d) of this section; that giving due regard to the nature of the crime, the history and character of the person, the person’s success at probation, parole, or mandatory supervision, and the person’s success at rehabilitation, the person is not a risk to public safety; that the person has paid any monetary restitution ordered by the court in the original proceeding or does not have the ability to pay the restitution; and that an expungement would be in the interest of justice. If at a hearing the court finds that a person is not entitled to expungement, the court shall deny the petition. Unless an order is stayed pending appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order. The State’s Attorney is a party to the proceeding. A party aggrieved by the decision of the court is entitled to the appellate review as provided in the Courts Article.

The Maryland Judiciary Case Search may not in any way refer to the existence of a criminal case in which: possession of cannabis under § 5–601 of the Criminal Law Article is the only charge in the case; and the charge was disposed of before July 1, 2023.

In this section, “expunge” means to remove all references to a specified criminal case from the Central Repository. On or before July 1, 2024, the Department of Public Safety and Correctional Services shall expunge all cases in which: possession of cannabis under § 5–601 of the Criminal Law Article is the only charge in the case; and the charge was issued before July 1, 2023.