.03 Refusal to Expunge a Public Driving Record.

A. The Administration shall not expunge the public driving record entries of a licensee who:

(1) Is currently:

(a) Refused;

(b) Canceled;

(c) Suspended; or

(d) Revoked;

(2) Has a pending:

(a) Refusal;

(b) Cancellation;

(c) Suspension; or

(d) Revocation;

(3) Has a restricted license in lieu of a driver safety related suspension; or

(4) The Administration has determined has not driven a motor vehicle on the highways during the particular conviction-free period on which the expungement is based.

B. The Administration shall not expunge certain driving records entries, pursuant to Transportation Article, §16-117.1(d), Annotated Code of Maryland.

C. The Administration shall not expunge any driving record entries relating to a commercial driver’s license before the expiration of the time they are required to be retained under Transportation Article, §16-819, Annotated Code of Maryland, and in accordance with 49 CFR 384.