Maryland Arrest Records

Maryland Arrest Records refer to the collection of information, reports, and documents related to an individual's arrest in the state, which law enforcement agencies and the Maryland Judiciary maintain.

It's important to note that while often included in an individual's Maryland criminal records, arrest records do not necessarily indicate the person's guilt. Instead, they document an arrest based on suspected illegal activity, which may be important information in the context of a trial.

Not every arrest results in a criminal conviction, which is why Maryland law provides for expunging arrest records, especially in cases where a person has been wrongfully charged or cleared of any wrongdoing.

This process ensures that the system does not unfairly burden individuals with an arrest record that did not result in a conviction. It allows them to move on from the incident without negatively impacting their future opportunities.

Arrest records in Maryland are public documents under the Maryland Public Information Act and the federal Freedom of Information Act. It means anyone can request a copy of them.

However, the release of these records is subject to certain restrictions. For example, juvenile arrest records are not available to the public, and certain criminal records may be sealed or expunged.

When you access these records, it typically contains the following information:

Name and personal data of the individual arrested, including date of birth and contact details
Date, time, and location of the arrest
The charges filed against the individual at the time of the arrest
Details about the arresting agency or officer
Fingerprints
Mugshot
Information about any bail or bond set and whether or not posted
Court dates and information about court proceedings related to the arrest
The outcome of the arrest, including whether the individual was convicted, acquitted, or had the charges dropped

What Laws Govern Arrests in Maryland?

Police officers and other authorized officials enforce specific laws and regulations that govern arrests in Maryland. One of the primary laws Maryland law enforcement officers follow when making an arrest is Directive 16-100 of the Maryland Police Procedures.

This statute permits police officers to arrest in various circumstances, including when they suspect child abuse, domestic violence, stalking, or parole or probation violations. They may also apprehend if they have sufficient grounds to believe someone has committed a felony or misdemeanor or if the individual commits one in their presence.

Police officers can arrest someone at any time of day or night with a warrant. A court issues a warrant when there is probable cause or grounds that a crime has been committed and the arrested person is the perpetrator. It means the police officer must have a valid reason to believe the arrested person is guilty of a crime.

However, in some cases, police officers can also arrest without a warrant. If they have probable cause to think that there is a commission of a felony and the person being detained is involved, they can make an arrest. It means the police officer must reasonably believe that the arrested person committed or was involved in a crime.

Any police officer, chief of police, sheriff, police commissioner, their designee, and park police officers have the legal right to arrest someone in Maryland.

Private citizens can also make an arrest, known as a "citizen's arrest," when they know that a felony has been committed, suspect someone of committing a felony, or witness someone committing a felony or some other grave offense.

Maryland prohibits excessive or unnecessary force, and officers can only use the force necessary to overcome resistance or prevent escape during the arrest.

What Is the Arrest Booking Process in Maryland?

When police officers arrest a person in Maryland, they take them into custody and subject them to a series of procedures before releasing them or taking them to court. These procedures, collectively known as the booking process, consist of several steps that aim to ensure the safety of everyone involved, including the arrested person, the police officers, and the public.

The following are the steps involved in the arrest booking process in Maryland:

Physical Search

Upon arriving at the police station, the arresting officers will physically search the person to ensure they are not carrying any weapons or other items that could harm themselves, others, or the officers. The search also serves to identify the arrested person and document any physical injuries or marks on their body.

Fingerprinting

Once the officers have completed the physical search, they will fingerprint the arrested person. This process involves taking ink or digital fingerprints to create a record of the person's identity. The fingerprints will be cross-referenced with the FBI database to determine whether the person has outstanding warrants or criminal history.

Photographs

The officers will also take a photograph, or mugshot, of the arrested person. They will use this photograph to record the person's identity and appearance and for identification and potential sharing with other law enforcement agencies.

Personal Information

As part of the booking process, the officers will ask the arrested person to provide personal information, including their name, address, and date of birth. They will also inquire about their medical history, any medication they are taking, and any special needs they may have.

Miranda Rights

The law enforcement officer must inform the arrested person of their Miranda Rights before questioning them. These are the rights to remain silent, to have an attorney present during questioning, and to have an attorney appointed if they cannot afford one.

Detention

Law enforcement officers will take the arrested individual to a detention center after the booking process. They will hold the individual until their trial or release on bail.

The detention center is responsible for the care and custody of the individual and will provide them with necessities such as food, clothing, and shelter.

Once the individual is in the detention center, they can contact an attorney and call family members or friends. They will also be allowed to receive visitors, although the rules regarding visitation can vary depending on the specific detention center.

If the individual cannot post bail, they will remain in the detention center until their trial. At their trial, they will have the opportunity to present a defense and to be represented by an attorney. If they are found guilty, the judge will sentence the individual according to the severity of the crime.

If released on bail, they must follow certain conditions, such as appearing at all court dates and staying out of trouble. Failure to comply with these conditions can result in their bail revocation and return to the detention center.

In some cases, the charges against the individual may be dropped or dismissed. It can happen if insufficient evidence proves guilt or the prosecutor decides not to pursue the case.

If the charges are dropped or dismissed, the law enforcement officers will release the individual from custody.

What Are Maryland Mugshot Records?

Often part of the Maryland Arrest Records, mugshot records are photographs taken by law enforcement officials of individuals arrested and charged with a crime. These photographs are typically taken during the booking process and stored in a database for future reference.

Mugshot records in Maryland may also include additional information about the individual, such as their name, date of birth, physical description, and the charges they face.

Some agencies maintain online databases that enable you to search for mugshots easily. For example, the Maryland Department of Public Safety and Correctional Services (DPSCS) maintains the Sex Offender Registry, allowing you to view mugshots of individuals convicted of sex offenses.

In addition to online options, you can also visit the local police department or courthouse to obtain Maryland Mugshot Records. However, some police departments may require obtaining these records from the county or state level as they might not have access to them.

When requesting mugshot records in Maryland, providing as much information as possible about the individual in question is essential. This information may include their full name, date of birth, and the date of their arrest.

It is worth noting that certain mugshots may not be instantly available, as they may still be undergoing processing or uploading to the system.

How Long Does an Arrest Record Stay in Maryland?

In Maryland, having an arrest record can seriously affect an individual's personal and professional life. It can affect one's ability to obtain employment, housing, and educational opportunities. Therefore, it's essential to understand how long an arrest record stays on an individual's criminal history in Maryland.

The length of time an arrest record stays on an individual's criminal history in Maryland depends on the outcome of the arrest.

If an individual is acquitted of charges, their criminal history will still contain the arrest record, but with a notation of "not guilty."

Likewise, if charges against an individual are dropped or dismissed, their criminal history will still show the arrest record, but with a notation of "nolle prosequi."

If all accusations result in not guilty or nolle prosequi on or after 01 October 2021, the court will automatically erase the arrest records three years later.

If an individual is convicted of a crime in Maryland, their criminal history will indefinitely retain the arrest record unless they take steps to expunge or shield it.

An expungement is a process by which an individual can remove their arrest record from public access, including law enforcement agencies, the court system, and potential employers. On the other hand, shielding a criminal record in Maryland restricts access to the criminal history but doesn't remove it from public access entirely.

How To Expunge an Arrest Record in Maryland

In Maryland, an arrest record can follow a person for years, even if never convicted. It can seriously affect their ability to find employment, secure housing, and access other essential resources.

Fortunately, the state law allows individuals to expunge certain Maryland Arrest Records, which can help them move on with their lives.

First, it is crucial to understand what types of arrests are eligible for expungement in Maryland.

Arrests that did not result in charges or arrests that resulted in acquittal or dismissal of charges may be eligible for automatic expungement in the state.

Suppose all charges against an individual result in a disposition of not guilty, acquittal, nolle prosequi, or dismissal on or after 01 October 2021. In that case, the court will automatically delete the case after three years.

If an individual prefers to expunge these records before the three-year mark, they may do by completing and submitting Form CC-DC-CR-072C, which incurs no fee.

In Maryland, it is also possible to have arrest records from certain misdemeanor convictions erased after ten years. Expungement of arrest records from some felony convictions is also feasible after 15 years.

To access information on expungement eligibility for various offenses and their corresponding waiting periods, refer to the "List of Expungeable Charges" provided under Criminal Procedure Article Section 10-110.

Once the arrests are eligible, the individual must complete the appropriate expungement petition form from the Maryland Judiciary. After completing the form, file it with the county court where the arrest occurred.

In some cases, the petitioner may need to attend a hearing before the court decides on the petition.

Suppose the court determines that the arrest is eligible for expungement. In that case, they will issue an Order of Expungement, which directs law enforcement agencies to remove the arrest record.

How To Search Maryland Arrest Records

The first place to start when searching for Maryland Arrest Records is the local police department or Sheriff's Office in charge of the arrest.

Each agency may have different procedures and fees for obtaining arrest records. For this reason, it is essential to contact the relevant agency or office or visit their websites to determine the specific requirements and charges.

Some offices have online forms that you must complete and submit. Others have printable record request forms you can mail, email, or deliver in person. Furthermore, some offices demand the requester's physical presence before disclosing the records. But some Sheriff's Offices have websites that provide remote access to recent arrest information.

Regardless of the methods, you must provide personally identifiable information about the arrestee, such as their complete name, booking or case number, and the arrest date, to obtain a public arrest record. You must also provide your full name, contact number, mailing address, and a valid photo ID.

In addition to obtaining an arrest record from a local police department or Sheriff's Office, some parties may request the arrestee's local or state criminal history record. This sort of paper contains more precise arrest details.

The Criminal Justice Information System (CJIS) of the DPSCS is a reliable source for obtaining criminal records in Maryland. It furnishes criminal history records for individuals and entities who require them for various official purposes, such as employment and licensing. However, parties interested in using this system must acquire proper authorization from the DPSCS.

Lastly, you can employ the Maryland Judiciary Case Search tool to search and retrieve criminal records, including Maryland Arrest Records. This online resource provides easy access to criminal cases associated with a person's name, charges, court dates, and other pertinent information.