Criminal Procedure - Automated Shielding (Clean Slate Act of 2026)
Summary
SB483, the Clean Slate Act of 2026, creates an automated process for expunging and shielding certain criminal cases in Maryland. The bill directs the Department of Public Safety and Correctional Services and the Judiciary to automatically expunge or shield qualifying cases without requiring a person to file a petition, first by July 1, 2028, and then on an ongoing monthly basis for newly eligible cases. It defines “expunge” as removing references to a case from the central repository and making electronic court records inaccessible to the public, and it defines “shield” as making court and police records relating to a conviction inaccessible to the public.
Impact
The bill amends Maryland criminal procedure law by adding a new automated expungement/shielding section and expanding the state’s existing expungement framework. It requires the Judiciary to identify eligible cases and notify the Department, and then requires both agencies to complete expungement or shielding within one month of notification. The law applies to certain cases with charges already listed as expungeable, as well as specified misdemeanor convictions, subject to eligibility rules, waiting periods of three or seven years, and exclusions such as second-degree assault and domestically related crimes. It will reduce the need for individual petitions and is likely to affect court records, police records, the central repository, and people seeking relief from old criminal records.
Sentiment
The bill appears to have generally favorable support in the legislature, as reflected by the committee report of “Favorable with amendments” and the strong third-reading vote of 33-7. The available record suggests broad agreement with the policy goal of making record relief more automatic and accessible. The amendments indicate that lawmakers refined the bill’s mechanics and eligibility rules, but the overall direction remained supportive.
Contention
The main points of contention likely concern which offenses should be included in automatic relief, how long people must wait, and whether certain offenses should remain excluded. The bill specifically carves out second-degree assault and domestically related crimes from one category of automatic expungement, and it preserves eligibility limits tied to prior convictions during the waiting period. These exclusions and timing rules likely reflect concerns from public safety, victims’ rights, and criminal justice stakeholders about balancing record relief with accountability and access to information.