In re: Expungement for Abhishek I.

In re Expungement Petition of Abhishek I., No. 904, September Term, 2021. Opinion by
Graeff, J.
CRIMINAL PROCEDURE – EXPUNGEMENT – SATISFACTION OF SENTENCE
Md. Code Ann., Crim. Proc. Art. § 10-110(c)(1) (2018 Repl. Vol.), provides:
[A] petition for expungement under this section may not be filed earlier than
10 years after the person satisfies the sentence or sentences imposed for all
convictions for which expungement is requested, including parole, probation,
or mandatory supervision.
Where appellant violated the terms of his probation, and the court closed his probation
unsatisfactorily, he did not “satisfy” his sentence of probation. The circuit court properly
denied his petition for expungement.
Circuit Court for Montgomery County
Case No. 109907C
REPORTED
IN THE COURT OF SPECIAL APPEALS
OF MARYLAND
No. 904
September Term, 2021
______________________________________
IN RE EXPUNGEMENT PETITION OF
ABHISHEK I.
______________________________________
Graeff,
Shaw,
Raker, Irma S.
(Senior Judge, Specially Assigned),
JJ.
______________________________________
Opinion by Graeff, J.
______________________________________
Filed: August 31, 2022
* Tang, J., and Albright, J., did not participate in
the Court’s decision to designate this opinion for
publication pursuant to Md. Rule 8-605.1.
Pursuant to Maryland Uniform Electronic Legal
Materials Act
(§§ 10-1601 et seq. of the State Government Article) this document is authentic.
2022-08-31 15:03-04:00
Suzanne C. Johnson, Clerk
In this appeal, Abhishek I., appellant, challenges the ruling of the Circuit Court for
Montgomery County denying his petition for expungement of his 2008 theft conviction.
He presents a single question for this Court’s review, which we have rephrased slightly, as
follows:
Did the circuit court err in denying appellant’s petition for expungement?
For the reasons set forth below, we shall affirm the judgment of the circuit court.
FACTUAL AND PROCEDURAL BACKGROUND
In August 2008, appellant pleaded guilty to theft of property with a value under
$500. The court sentenced him to one year of incarceration, suspended, with one year of
supervised probation.
Several months after he was sentenced, appellant was charged with violating the
conditions of his probation to obey all laws and not illegally possess any controlled
dangerous substance.1 In March 2010, appellant pleaded guilty to that violation. The court
sentenced appellant to four days’ incarceration, and it closed probation “unsatisfactorily.”
On December 3, 2020, appellant filed a petition for expungement of the 2008 theft
conviction. The State filed a response, arguing that, because appellant’s probation had
been closed unsatisfactorily, the conviction was ineligible for expungement.
Following a hearing on August 6, 2021, the court denied appellant’s petition. It
stated that, for appellant to be entitled to expungement, he had to “satisfy” his sentence,
“including probation,” which meant that he needed to complete his probation without
1
The record reflects that appellant was arrested, on two different occasions, for
possession of cannabis.
violating it, which appellant did not do. Accordingly, the circuit court ruled that appellant
was not entitled to expungement of his conviction.
This timely appeal followed.
DISCUSSION
Appellant filed a petition for expungement pursuant to Md. Code Ann., Crim. Proc.
Art. (“CP”) § 10-110(a)(1)(x) (2018 Repl. Vol. & 2021 Supp.), which addresses eligibility
for expungement of a theft conviction. CP § 10-110(c)(1) provides, as follows:
[A] petition for expungement under this section may not be filed earlier than
10 years after the person satisfies the sentence or sentences imposed for all
convictions for which expungement is requested, including parole,
probation, or mandatory supervision.
(Emphasis added.)
Appellant contends that the circuit court erred in denying his petition for
expungement on the ground that he had not satisfied his sentence. The State contends that
the court properly denied appellant’s petition for expungement. Noting that appellant
violated his probation, which resulted in his case being closed “unsatisfactorily,” the State
asserts that appellant did not “satisf[y]” his sentence. It argues that, because he concluded
his probation “unsatisfactorily,” the 10-year clock did not, and could not, begin, and “he is
not entitled to the statutory remedy of expungement.”
I.
Standard of Review
Whether a person is entitled to expungement is a question of law, which we review
de novo. See In re Expungement of Vincent S., ___ Md. App. ___, ___, Nos. 607 & 608,
2
Sept. Term, 2021, slip op. at 5 (filed July 5, 2022); In re Expungement of Dione W., 243
Md. App. 1, 3 (2019). A court has no discretion to deny expungement if a person is
statutorily entitled to it. Vincent S., slip op. at 5; Dione W., 243 Md. App. at 3.
II.
History of Expungement in Maryland
Before addressing appellant’s contention, we briefly address, as relevant to this
appeal, the statutory scheme for expungement, i.e., the removal of a court record or a police
record “from public inspection.” CP § 10-101(e) (defining “expungement”). In 1975, the
General Assembly enacted House Bill 482, which was codified at Md. Ann. Code, Art. 27,
§§ 735–741 (1976 Repl. Vol.). Vincent S., slip op. at 12. Section 737(a)(1)–(5) provided
that a person charged with a crime was eligible for expungement in cases that did not result
in a judgment of conviction, i.e., acquittal, dismissal, entry of a nolle prosequi, placement
on the stet docket, or probation before judgment. The Court of Appeals explained that the
expungement procedure was designed “to help protect individuals seeking employment or
admission to an educational institution, by entitling them to expungement of unproven
charges, so that those individuals could avoid being unfairly judged during their application
processes.” Stoddard v. State, 395 Md. 653, 664 (2006). A petition for expungement was
permitted no earlier than three years from the judgment, with an exception if the person
executed a waiver of any tort claim arising from the charge. See Art. 27, § 737(c).
In 1982, the General Assembly expanded the scope of expungement, permitting
expungement in the situation where a person was convicted of only one criminal act, which
was not a violent crime, and the person was “subsequently granted a full and unconditional
3
pardon by the Governor.” Md. Ann. Code, Art. 27, § 737(a)(7) (1976 Repl. Vol. & Supp.
1982). The time limitation for expungement under this provision was different; it could
not be filed “earlier than 5 years nor later than 10 years after the pardon was signed by the
Governor.” Art. 27, § 737(c).
In 2008, the General Assembly further expanded the scope of convictions that could
be expunged, including “minor nuisance crimes such as panhandling, drinking an alcoholic
beverage in a public place, and loitering.” Vincent S., slip op. at 16. Accord Md. Code
Ann., Crim. Proc. Art. (“CP”) § 10-105(a)(9) (2008 Repl. Vol.). Although some
prosecutors and law enforcement agencies objected to the change,2 the proponents of the
change expressed the view that extending eligibility for expungement to convictions for
nuisance-related crimes would help impoverished people who were attempting to
rehabilitate themselves.3 A petition to expunge these convictions could “not be filed within
2
See, e.g., Letter in Opposition to 2008 House Bill 685 from State’s Attorney for
Baltimore City Patricia Jessamy to the House Judiciary Committee, dated Feb. 26, 2008
(predicting that HB 685 would result in “double the present amount of petitions”; pointing
out that “prior convictions are a factor under Maryland sentencing guidelines” and that
liberalized expungement would result in reduced sentences for some subsequent offenders;
and contending that the newly eligible offenses are “detrimental to the public safety, health
and morality of the citizens of Baltimore City”); Letter in Opposition to 2008 House Bill
685 from the Maryland State Police Government Affairs Section to the House Judiciary
Committee, dated Feb. 26, 2008 (contending that liberalizing eligibility for expungement
to “nuisance crimes” would allow criminals “to avoid progressive penalties as their past
disruptive behaviors may have been purged from the record” and would harm offenders by
providing “a distorted view” of their “need for professional, rehabilitative or behavioral
intervention and treatment”).
3
See, e.g., Letter in Support of 2008 House Bill 685 from Jason Perkins-Cohen,
Executive Director, Job Opportunities Task Force, to Honorable Joseph Vallario, Chair of
the House Judiciary Committee (Feb. 26, 2008) (noting that HB 685 would help “low-
(continued)
4
3 years after the conviction or satisfactory completion of the sentence, including probation,
that was imposed for the conviction, whichever is later.” CP § 10-105(c)(6) (emphasis
added).
In 2016, the General Assembly enacted the Justice Reinvestment Act (“JRA”), 2016
Md. Laws ch. 515, which, among other things, added § 10-110 to the Criminal Procedure
Article. CP § 10-110 greatly expanded the list of criminal convictions that potentially were
eligible for expungement. See CP § 10-110(a)(1)–(3). Among the many new criminal
convictions that were now eligible for expungement was theft. See CP § 10-110(a)(1)(x),
(2)(i). For these convictions, there was a longer waiting period; a petition for expungement
could not be filed earlier than ten years after the “person satisfies the sentence or sentences
imposed for all convictions for which expungement is requested, including parole,
probation, or mandatory supervision.” CP § 10-110(c)(1) (emphasis added).4
income Marylanders” who have been convicted of “minor nuisance crimes” that are
“disproportionately associated with poverty”); Letter in Support of 2008 House Bill 685
from Student Members of the Reentry of Ex-Offenders Clinic at the University of
Maryland School of Law to Delegate Vallario (Feb. 26, 2008) (noting that HB 685 would
“help individuals convicted of nuisance crimes move past their records and allow them
better access to gainful employment”).
4
The General Assembly has continued to expand the criminal convictions for which
expungement is available in the past several years. For a thorough review of additional
legislation pertaining to expungement after 2016, see In re Expungement of Vincent S., ___
Md. App. ___, ___, Nos. 607 & 608, Sept. Term, 2021, slip op. at 17–18 n.9 (filed July 5,
2022).
5
II.
Analysis
The question presented here is whether appellant’s petition for expungement met
the requirements of CP § 10-110(c)(1), which, as indicated, provides:
[A] petition for expungement under this section may not be filed earlier than
10 years after the person satisfies the sentence or sentences imposed for all
convictions for which expungement is requested, including parole,
probation, or mandatory supervision.
(Emphasis added.)
The parties disagree on the meaning of the requirement that appellant “satisfy” the
sentences imposed, including probation. Appellant contends that he satisfied “the sentence
imposed for violating his probation, which was four days.” He asserts that “one may satisfy
one’s probation without completing it as long as the sentence imposed for violating the
probation is satisfied.” As indicated, the State contends that, because appellant violated
his probation, which resulted in his case being closed “unsatisfactorily,” appellant did not
“satisfy” his sentence of probation.
“When interpreting the language of a Maryland statute, the ‘cardinal rule’ of
statutory construction ‘is to determine what the [General Assembly] intended, and, as we
have so often said, to do that, we turn first to the words used by the [General Assembly],
giving them their ordinary meaning.’” Howling v. State, 478 Md. 472, 498 (2022)
(alterations in original) (quoting Dimensions Health Corp. v. Md. Ins. Admin., 374 Md. 1,
17 (2003)). “We do so on the tacit theory that the General Assembly is presumed to have
meant what it said and said what it meant.” Peterson v. State, 467 Md. 713, 727 (2020)
6
(quoting Bellard v. State, 452 Md. 467, 481 (2017)). “We, however, do not read statutory
language in a vacuum, nor do we confine strictly our interpretation of a statute’s plain
language to the isolated section alone.” Gerety v. State, 249 Md. App. 484, 498 (2021)
(quoting State v. Bey, 452 Md. 255, 266 (2017)). “Instead, ‘the plain language must be
viewed within the context of the statutory scheme to which it belongs.’” Westley v. State,
251 Md. App. 365, 387 (2021) (quoting Berry v. Queen, 469 Md. 674, 687 (2020)) (cleaned
up). “We presume that the Legislature intends its enactments to operate together as a
consistent and harmonious body of law, and, thus, we seek to reconcile and harmonize the
parts of a statute, to the extent possible consistent with the statute’s object and scope.”
Gerety, 249 Md. App. at 498 (quoting Bey, 452 Md. at 266). “If the language of the statute
is unambiguous and clearly consistent with the statute’s apparent purpose, our inquiry as
to the legislative intent ends ordinarily and we apply the statute as written without resort to
other rules of construction.” White v. State, 250 Md. App. 604, 638 (quoting Bey, 452 Md.
at 266), cert. denied, 475 Md. 717 (2021).
If the language of the statute is ambiguous, i.e., if it is reasonably susceptible of
more than one meaning, we resolve that ambiguity “by searching for legislative intent in
other indicia, including the history of the legislation or other relevant sources intrinsic and
extrinsic to the legislative process.” Id. at 639 (quoting Bey, 452 Md. at 266). We may,
for example, consider “the structure of the statute, how it relates to other laws, its general
purpose and relative rationality and legal effect of various competing constructions.” Bey,
452 Md. at 266 (quoting State v. Johnson, 415 Md. 413, 422 (2010)). In resolving any
ambiguity, we “‘consider the consequences resulting from one meaning rather than
7
another, and adopt that construction which avoids an illogical or unreasonable result, or
one which is inconsistent with common sense.’” Blackstone v. Sharma, 461 Md. 87, 114
(2018) (quoting Spangler v. McQuitty, 449 Md. 33, 50 (2016)).
Based on these well-settled maxims of statutory construction, we begin with the
language of the statute. In determining the plain meaning of statutory language, reference
to dictionaries is appropriate. See Davis v. State, 474 Md. 439, 463 (2021) (“When
searching for the meaning of a statutory word, we often turn first to recognized dictionaries,
which sometimes, but not always, are helpful.”); Donati v. State, 215 Md. App. 686, 724
(“Neither of these terms are defined in the statute, so we look to the dictionary definitions
of these terms.”), cert. denied, 438 Md. 143 (2014).
In looking at dictionary definitions of the term “satisfy,” we note that it is defined
as, among other things, “to fulfil or comply with (a request); [t]o answer the requirements
of (a state of things, a hypothesis, etc.); to accord with (conditions).” The Oxford English
Dictionary 503 (2d ed. 1989). “Satisfy” also is defined as “to conform to (accepted criteria
or requirements): fulfill, meet.” Webster’s Third Int’l Dictionary 2017 (1976).
Here, appellant argues that he satisfied “the sentence imposed for his conviction of
theft under $500 and the sentence imposed for violating his probation, which was four
days.” We disagree. Although he may have satisfied his four-day sentence for the violation
of probation, he did not “satisfy” his original sentence of one year of supervised probation.
He did not fulfill or comply with the conditions of probation. Rather, within months,
appellant violated the terms of his probation, which resulted in the court imposing the four-
day sentence and closing his probation unsatisfactorily. Under these circumstances,
8
appellant did not fulfill, comply with, or meet the terms of his probation, and pursuant to
the plain meaning of CP § 10-110(c)(1), he did not “satisfy” his sentence of probation.
Despite this plain language of the statute, appellant suggests that the statute is
ambiguous. Appellant notes that the General Assembly has used different language in
other expungement statutes relating to when a petition for expungement may be filed. For
example, CP § 10-105(c) provides, in part:
(6) 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
conviction or satisfactory completion of the sentence, including probation,
that was imposed for the conviction, whichever is later.
* * *
(8) A petition for expungement based on the conviction of a crime under
subsection (a)(12) of this section may not be filed within 4 years after the
conviction or satisfactory completion of the sentence, including probation,
that was imposed for the conviction, whichever is later.
CP § 10-105(c)(6), (8) (emphasis added).
There is no question that appellant would not meet the requirement of “satisfactory
completion” of his sentence of probation. See, e.g., State v. Brown, 590 S.W.3d 121, 122–
24 (Ark. 2019) (Brown was ineligible for expungement because he violated his probation,
and therefore, he did not meet the requirement that expungement was permitted upon the
“successful completion” of probation.); Alvey v. State, 10 N.E.3d 1031, 1033–34 (Ind. Ct.
App. 2014) (Where Alvey violated his probation, he was not entitled to expungement
because he had not “successfully completed” his sentence, as required by expungement
statute); State v. Ozuna, 898 N.W.2d 20, 26–27 (Wis. 2014) (A person is entitled to
expungement only if he has “successfully completed the sentence,” which requires that the
9
person has “satisfied the conditions of probation,” and Ozuna did not do so because he
violated the conditions of his probation.).
Although the language “satisfactory completion” in CP § 10-105(c) is more
definitive, we cannot conclude that the language of CP § 10-110(c)(1), providing eligibility
for expungement if the person “satisfies” the sentence, is ambiguous. Requiring that a
person “satisfy” the sentence is the equivalent of requiring “satisfactory completion” of the
sentence.
To be sure, there is a canon of statutory construction that, “‘when a legislature uses
different words, especially in the same section or in a part of the statute that deals with the
same subject, it usually intends different things.’” Lawrence v. State, 475 Md. 384, 406
(2021) (quoting Toler v. Motor Vehicle Admin., 373 Md. 214, 223 (2003)). Here, however,
the different language essentially means the same thing. See Kirtsaeng v. John Wiley &
Sons, Inc., 568 U.S. 519, 540 (2013) (There is no “canon of interpretation that forbids
interpreting different words used in different parts of the same statute to mean roughly the
same thing.”). Accord Bethlehem Steel Co. v. Jackson, 199 Md. 642, 646 (1952) (Statutory
terms “convert” and “commute” were synonymous.). We are not persuaded that the
language in CP § 10-110(c)(1) is ambiguous.
Nevertheless, we may look to legislative history to confirm our conclusion
regarding the intent of a statute. See Park Plus, Inc. v. Palisades of Towson, LLC, 478 Md.
35, 55 (2022) (“We also refer to the legislative history to confirm our understanding of an
unambiguous provision.”); Daughtry v. Nadel, 248 Md. App. 594, 613–14 (2020)
10
(“[W]hether to consider legislative history to confirm a court’s interpretation of a truly
unambiguous statute is left to the discretion of the court.”).
The parties do not provide any legislative history that explains why the General
Assembly used the term “satisfies,” see CP § 10-110(c)(1), as opposed to the term
“satisfactory completion,” see CP § 10-105(c)(6), (8), nor did we find anything.5 Nothing
suggests, however, that the General Assembly desired a different, or more lenient, standard
for expungement of the more serious crimes involved in CP § 10-110, as opposed to the
more minor, nuisance crimes involved in CP § 10-105(c), or that a person violating a term
of probation, which causes the probation to close unsatisfactorily, would be deemed to
“satisfy” that sentence of probation.6
Based on the plain language of CP § 10-110(c)(1), the language of other statutory
provisions, and the legislative history, we conclude that, because appellant violated the
5
The First Reader of 2016 Senate Bill 1005, which as amended became the JRA,
did not include any provisions related to expungement. A March 18, 2016 amendment by
the Senate Judicial Proceedings Committee, resulting in, among other things, the addition
of CP § 10-110, passed the Senate late in the legislative session. See
https://mgaleg.maryland.gov/2016rs/amds/bil_0005/SB1005_50847601.pdf, available at
https://perma.cc/X7BK-S7LX (last visited Aug. 12, 2022). That amendment subsequently
was adopted in Conference Committee and enacted by the General Assembly.
6
In 2022, the General Assembly reduced the time that a person must wait to file for
expungement of a conviction of possession with intent to distribute cannabis to “3 years
after the person satisfies the sentence or sentences imposed for all convictions for which
expungement is requested, including parole, probation, or mandatory supervision.” 2022
Md. Laws ch. 26, sec. 5, CP § 10-110(c)(4). This amendment was “‘contingent on the
passage of Chapter 45 (H.B. 1) of the Acts of the General Assembly of 2022, a
constitutional amendment, and its ratification by the voters of the State.’” Vincent S., slip
op. at 18 n.9 (quoting 2022 Md. Laws ch. 26, sec. 14). A review of the legislative history
of this amendment similarly does not explain the choice of the term “satisfies the sentence”
as opposed to the term “after satisfactory completion of the sentence.”
11
terms of his probation for his theft conviction, and his probation was closed
“unsatisfactorily,” he did not “satisfy” the sentence imposed for the conviction for which
expungement was requested, as required for eligibility under CP § 10-110(c)(1). The
circuit court properly denied appellant’s petition for expungement.
JUDGMENT OF THE CIRCUIT COURT
FOR MONTGOMERY COUNTY
AFFIRMED. COSTS TO BE PAID BY
APPELLANT.
12
The correction notice(s) for this opinion(s) can be found here:
https://mdcourts.gov/sites/default/files/import/appellate/correctionnotices/cosa/0904s21cn.pdf