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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2335 September Term, 2002 ________________________________

STATE OF MARYLAND v. PHILLIP MARTIN NELSON

Adkins, Krauser, Sharer, JJ. ________________________________ Opinion by Sharer, J.

Filed: April 23, 2004

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2335 September Term, 2002 ________________________________

STATE OF MARYLAND v. PHILLIP MARTIN NELSON

Adkins, Krauser, Sharer, JJ. ________________________________ Opinion by Sharer, J.

Filed:

This appeal arises, somewhat inexplicably, from the grant of a petition for expungement. Phillip Martin Nelson, appellee,

petitioned the Circuit Court for Charles County to have a nol prossed criminal charge expunged, in order to facilitate his enlistment into military service.1 His petition came to hearing five days after it was filed and two days after the State's Attorney for Charles County was served, but before the State had answered. The court granted the petition. Two days later, the State filed an answer objecting to the

petition.

The State also filed a motion to vacate the order

granting the petition, which the court denied. From that denial, the State appeals, and raises two questions for our review, which we have rephrased slightly for purposes of clarity: I. Did the trial court err in granting the petition for expungement prior to the expiration of the time period provided in Maryland Code Ann., Crim. Proc.

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