Criminal Procedure - Expungement of Records - Resisting Arrest and Making a False Statement to a Law Enforcement Officer

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0113*

HOUSE BILL 113
E2 6lr1308
(PRE–FILED)
By: Delegate Phillips
Requested: October 23, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary

A BILL ENTITLED

AN ACT concerning 1

Criminal Procedure – Expungement of Records – Resisting Arrest and Making a 2
False Statement to a Law Enforcement Officer 3

FOR the purpose of adding convictions for resisting arrest and making a false statement to 4
a law enforcement officer to the list of misdemeanor convictions that a person may 5
expunge under certain circumstances; and generally relating to expungement of 6
records. 7

BY repealing and reenacting, without amendments, 8
Article – Criminal Law 9
Section 9–408, 9–501, and 9–502 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2025 Supplement) 12

BY repealing and reenacting, with amendments, 13
Article – Criminal Procedure 14
Section 10–110(a)(1)(xii) 15
Annotated Code of Maryland 16
(2025 Replacement Volume) 17

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19

Article – Criminal Law 20

9–408. 21

(a) In this section, “police officer” means an individual who is authorized to make 22
an arrest under Title 2 of the Criminal Procedure Article. 23

2 HOUSE BILL 113

(b) A person may not intentionally: 1

(1) resist a lawful arrest; or 2

(2) interfere with an individual who the person has reason to know is a 3
police officer who is making or attempting to make a lawful arrest or detention of another 4
person. 5

(c) A person who violates this section is guilty of a misdemeanor and is subject to 6
imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. 7

(d) The unit of prosecution for a violation of this section is based on the arrest or 8
detention regardless of the number of police officers involved in the arrest or detention. 9

9–501. 10

(a) A person may not make, or cause to be made, a statement, report, or complaint 11
that the person knows to be false as a whole or in material part, to a law enforcement officer 12
of the State, of a county, municipal corporation, or other political subdivision of the State, 13
or of the Maryland–National Capital Park and Planning Police with intent to deceive and 14
to cause an investigation or other action to be taken as a result of the statement, report, or 15
complaint. 16

(b) A person who violates this section is guilty of a misdemeanor and on conviction 17
is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 18

9–502. 19

(a) A person who is arrested by a law enforcement officer of the State, of a county, 20
municipal corporation, or other political subdivision of the State, or of the 21
Maryland–National Capital Park and Planning Police may not knowingly, and with intent 22
to deceive, make a false statement to a law enforcement officer concerning the person’s 23
identity, address, or date of birth. 24

(b) A person who violates this section is guilty of a misdemeanor and on conviction 25
is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. 26

Article – Criminal Procedure 27

10–110. 28

(a) A person may file a petition listing relevant facts for expungement of a police 29
record, court record, or other re cord maintained by the State or a political subdivision of 30
the State if the person is convicted of: 31

(1) a misdemeanor that is a violation of: 32

HOUSE BILL 113 3

(xii) § 9 –204, § 9 –205, § 9–408, § 9–501, § 9–502, § 9 –503, or § 1
9–506 of the Criminal Law Article; 2

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2026. 4