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<section article="gtr" article_name="Transportation" number="16-117.1" title_number="16" title_name="Vehicle Laws -- Drivers' Licenses" subtitle_number="1" subtitle_name="Issuance, Expiration, and Renewal of Licenses">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Child Support Administration” means the Child Support Administration of the Department of Human Services.</text>
    </level>
    <level label="3">
      <text>“Criminal offense” does not include any violation of the Maryland Vehicle Law.</text>
    </level>
  </level>
  <level label="b">
    <text>The Administration shall expunge the public driving record of a licensee if:</text>
    <level label="1">
      <text>The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended for reasons related to driver safety, as defined by the Administration, or revoked;</text>
    </level>
    <level label="2">
      <text>The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension for reasons related to driver safety, as defined by the Administration, and no revocations; or</text>
    </level>
    <level label="3">
      <text>Within the preceding 10 years:</text>
      <level label="i">
        <text>The licensee has not been granted probation before judgment for a violation of § 20–102 or § 21–902 of this article; and</text>
      </level>
      <level label="ii">
        <text>The licensee has not been convicted of any moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>On request of the Child Support Administration, the Administration shall expunge a record of a suspension for failure to pay child support:</text>
      <level label="i">
        <text>For a licensee who is enrolled in and compliant with an employment program approved by the Child Support Administration, if the licensee:</text>
        <level label="1">
          <text>Has not been convicted of driving on a license that was suspended for failure to pay child support; and</text>
        </level>
        <level label="2">
          <text>Does not have charges related to the suspension for failure to pay child support pending against the licensee; or</text>
        </level>
      </level>
      <level label="ii">
        <text>If the Child Support Administration notifies the Administration that the information reported by the Child Support Administration that led to the suspension was inaccurate.</text>
      </level>
    </level>
    <level label="2">
      <text>A request by the Child Support Administration to expunge a record under this subsection may not affect any suspension unrelated to child support.</text>
    </level>
  </level>
  <level label="d">
    <text>The Administration may refuse to expunge a driving record if it determines that the licensee has not driven a motor vehicle on the highways during the particular conviction–free period on which the expungement is based.</text>
  </level>
  <level label="e">
    <text>Notwithstanding any other provision of this section, the Administration may not expunge:</text>
    <level label="1">
      <text>Any driving records before the expiration of the time they are required to be retained under § 16–819 of this title;</text>
    </level>
    <level label="2">
      <text>Any driving record entries required for assessment of subsequent offender penalties; and</text>
    </level>
    <level label="3">
      <text>Any driving record entries related to a moving violation or an accident that resulted in the death of another person.</text>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, the Administration shall adopt regulations to carry out this section.</text>
    </level>
    <level label="2">
      <text>The Secretary, in cooperation with the Secretary of Human Services, may adopt regulations to implement the provisions of subsection (c) of this section.</text>
    </level>
  </level>
</section>
