Expungement of record of formal complaint

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    (a)    On written request, a law enforcement officer may have expunged from any file the record of a formal complaint made against the law enforcement officer if:

        (1)    (i)    the law enforcement agency that investigated the complaint:

                1.    exonerated the law enforcement officer of all charges in the complaint; or

                2.    determined that the charges were unsustained or unfounded; or

            (ii)    a hearing board acquitted the law enforcement officer, dismissed the action, or made a finding of not guilty; and

        (2)    at least 3 years have passed since the final disposition by the law enforcement agency or hearing board.

    (b)    Evidence of a formal complaint against a law enforcement officer is not admissible in an administrative or judicial proceeding if the complaint resulted in an outcome listed in subsection (a)(1) of this section.


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