A person charged by indictment or criminal information with a crime triable in circuit court and convicted of that crime may, at any time, file a petition for writ of actual innocence in the circuit court for the county in which the conviction was imposed if the person claims that there is newly discovered evidence that: if the conviction resulted from a trial, creates a substantial or significant possibility that the result may have been different, as that standard has been judicially determined; or if the conviction resulted from a guilty plea, an Alford plea, or a plea of nolo contendere, establishes by clear and convincing evidence the petitioner’s actual innocence of the offense or offenses that are the subject of the petitioner’s motion; and could not have been discovered in time to move for a new trial under Maryland Rule 4–331. A petition filed under this section shall: be in writing; state in detail the grounds on which the petition is based; describe the newly discovered evidence; contain or be accompanied by a request for hearing if a hearing is sought; and distinguish the newly discovered evidence claimed in the petition from any claims made in prior petitions. A petitioner shall notify the State in writing of the filing of a petition under this section. The State may file a response to the petition within 90 days after receipt of the notice required under this subsection or within the period of time that the court orders. Before a hearing is held on a petition filed under this section, the victim or victim’s representative shall be notified of the hearing as provided under § 11–104 or § 11–503 of this article. A victim or victim’s representative has the right to attend a hearing on a petition filed under this section as provided under § 11–102 of this article. Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a petition filed under this section if the petition satisfies the requirements of subsection (b) of this section and a hearing was requested. The court may dismiss a petition without a hearing if the court finds that the petition fails to assert grounds on which relief may be granted. If the conviction resulted from a trial, in ruling on a petition filed under this section, the court may set aside the verdict, resentence, grant a new trial, or correct the sentence, as the court considers appropriate. If the conviction resulted from a guilty plea, an Alford plea, or a plea of nolo contendere, when assessing the impact of the newly discovered evidence on the strength of the State’s case against the petitioner at the time of the plea, the court may consider admissible evidence submitted by either party, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered. If the court determines that, when considered with admissible evidence, in addition to the evidence presented as part of the factual support of the plea, that was contained in law enforcement files in existence at the time the plea was entered, the newly discovered evidence establishes by clear and convincing evidence the petitioner’s actual innocence of the offense or offenses that are the subject of the petitioner’s motion, the court may: allow the petitioner to withdraw the guilty plea, Alford plea, or plea of nolo contendere; and set aside the conviction, resentence, schedule the matter for trial, or correct the sentence, as the court considers appropriate. When determining the appropriate remedy, the court may allow both parties to present any admissible evidence that came into existence after the plea was entered and is relevant to the petitioner’s claim of actual innocence. The court shall state the reasons for its ruling on the record. A petitioner in a proceeding under this section has the burden of proof. If the petitioner was convicted as a result of a guilty plea, an Alford plea, or a plea of nolo contendere, an appeal may be taken either by the State or the petitioner from an order entered under this section. On written request by the petitioner, the State’s Attorney may certify that a conviction was in error, if: the court grants a petition for relief under this section; in ruling on a petition under this section, the court: sets aside the verdict or conviction; or schedules the matter for trial or grants a new trial; and the State’s Attorney declines to prosecute the petitioner because the State’s Attorney determines that the petitioner is innocent.

On a motion of the State, at any time after the entry of a probation before judgment or judgment of conviction in a criminal case, the court with jurisdiction over the case may vacate the probation before judgment or conviction on the ground that: there is newly discovered evidence that: could not have been discovered by due diligence in time to move for a new trial under Maryland Rule 4–331(c); and creates a substantial or significant probability that the result would have been different; or the State’s Attorney received new information after the entry of a probation before judgment or judgment of conviction that calls into question the integrity of the probation before judgment or conviction; and the interest of justice and fairness justifies vacating the probation before judgment or conviction. A motion filed under this section shall: be in writing; state in detail the grounds on which the motion is based; where applicable, describe the newly discovered evidence; and contain or be accompanied by a request for a hearing. The State shall notify the defendant in writing of the filing of a motion under this section. The defendant may file a response to the motion within 30 days after receipt of the notice required under this subsection or within the period of time that the court orders. Before a hearing on a motion filed under this section, the victim or victim’s representative shall be notified, as provided under § 11–104 or § 11–503 of this article. A victim or victim’s representative has the right to attend a hearing on a motion filed under this section, as provided under § 11–102 of this article. Except as provided in paragraph (2) of this subsection, the court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (b) of this section. The court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted. In ruling on a motion filed under this section, the court, as the court considers appropriate, may: vacate the conviction or probation before judgment and discharge the defendant; or deny the motion. The court shall state the reasons for a ruling under this section on the record. The State in a proceeding under this section has the burden of proof. An appeal may be taken by either party from an order entered under this section.

In this section the following words have the meanings indicated. “Qualifying offense” means: unnatural or perverted sexual practice under § 3–322 of the Criminal Law Article, as that offense existed before October 1, 2023; possessing or administering a controlled dangerous substance under § 5–601 of the Criminal Law Article; possessing or purchasing a noncontrolled substance under § 5–618 of the Criminal Law Article; possessing or distributing controlled paraphernalia under § 5–620(a)(2) of the Criminal Law Article; fourth–degree burglary under § 6–205 of the Criminal Law Article; malicious destruction of property in the lesser degree under § 6–301(c) of the Criminal Law Article; a trespass offense under Title 6, Subtitle 4 of the Criminal Law Article; misdemeanor theft under § 7–104 of the Criminal Law Article; misdemeanor obtaining property or services by bad check under § 8–103 of the Criminal Law Article; possession or use of a fraudulent government identification document under § 8–303 of the Criminal Law Article; public assistance fraud under § 8–503 of the Criminal Law Article; false statement to a law enforcement officer or public official under § 9–501, § 9–502, or § 9–503 of the Criminal Law Article; disturbing the public peace and disorderly conduct under § 10–201 of the Criminal Law Article; indecent exposure under § 11–107 of the Criminal Law Article; prostitution under § 11–303 of the Criminal Law Article; driving with a suspended registration under § 13–401(h) of the Transportation Article; failure to display registration under § 13–409(b) of the Transportation Article; driving without a license under § 16–101 of the Transportation Article; failure to display license to police under § 16–112(c) of the Transportation Article; possession of a suspended license under § 16–301(j) of the Transportation Article; driving while privilege is canceled, suspended, refused, or revoked under § 16–303 of the Transportation Article; owner failure to maintain security on a vehicle under § 17–104(b) of the Transportation Article; driving while uninsured under § 17–107 of the Transportation Article; prostitution or loitering as prohibited under local law; unauthorized use under § 14–102 of the Transportation Article; or soliciting or offering to solicit prostitution or assignation under § 11–306 of the Criminal Law Article. “Victim of human trafficking” means a person who has been subjected to an act of another committed in violation of: Title 3, Subtitle 11 of the Criminal Law Article; or § 1589, § 1590, § 1591, or § 1594(a) of Title 18 of the United States Code. A person convicted of a qualifying offense may file a motion to vacate the judgment if the person’s participation in the offense was a direct result of being a victim of human trafficking. A motion filed under this section shall: be in writing; be made within a reasonable period of time after the conviction; describe the evidence and include copies of any documents showing that the movant is entitled to relief under this section; be served on the State’s Attorney in the jurisdiction where the conviction for the qualifying offense occurred; and if the qualifying offense occurred within 5 years before the filing of the motion, be mailed to any victim or victim’s representative at the victim’s or victim’s representative’s last known address. The court may grant a motion filed under this section on a finding based on a preponderance of the evidence that the movant committed the qualifying offense as a direct result of being a victim of human trafficking. When making a finding under this subsection, the court shall consider: the length of time between the offense and the trafficking of the movant; the dynamics of the relationship between the movant and the person committing trafficking against the movant; and any other relevant evidence. The court may grant a motion filed under this section without a hearing if: the State’s Attorney consents to the motion; no objection to the relief requested has been filed by a victim or victim’s representative; and at least 60 days have elapsed since notice and service under subsection (c) of this section. The court may dismiss a motion filed under this section without a hearing if the court finds that: the motion fails to assert grounds on which relief may be granted; the motion offers no additional evidence beyond that which has previously been considered by the court; or the movant acted fraudulently or in bad faith in filing the motion. If a court grants a motion filed under this section, the court shall vacate the conviction. The court shall state the reasons for its ruling on the record. A movant in a proceeding under this section has the burden of proof. A conviction that has been vacated under this section may not be considered a conviction for any purpose.