Jackson v. State

(retired), Specially Assigned.

At the conclusion of a court trial in the Circuit Court for Baltimore City, Kenneth Jackson’s petition for expungement of a nolle prosequi entered by the State on December 12, 1979, was denied.1 Judge Joseph P. McCurdy, Jr., denied appellant’s petition based upon the fact that he was convicted of another criminal offense, punishable by imprisonment, that occurred after the entry of the nolle prosequi.

Appellant contends that the statutory provisions governing expungement of a nolle prosequi, set forth in Md.Code Ann. Art. 27, sec. 737, violated both the Rule of…