Maryland Criminal Records

As with any state, Maryland has its share of crime, so it has a system to keep track of criminal records. Criminal records are an essential tool for law enforcement and can help them identify suspects, prosecute criminals, and ensure the safety of Maryland citizens.

These records can also provide essential information to employers and landlords. Employers and landlords can use criminal records to determine whether an applicant or a potential tenant has a criminal history that could pose a risk to their business.

Maryland Criminal Records contain information about a person's encounter with the state's criminal justice system. The exact information in a criminal record may vary depending on the type of offense and the case outcome. But these records typically have the following:

Personal information such as the person's name, aliases, date of birth, gender, race, and any known residential address
Physical descriptors such as tattoos, height, weight, hair color, and eye color
Mugshot
Fingerprints
The person's arrest, including the date, time, and location of the arrest, and the arresting agency
The charges filed
Sentences imposed
Outstanding warrants for their arrest
Any pending charges
Incarceration history
Conviction status

Criminal records in Maryland are generally available to the public as long as they are not exempt from disclosure under the Maryland Public Information Act (MPIA). The MPIA sets forth several exemptions that may restrict access to certain criminal records, such as those involving ongoing criminal investigations, confidential informants, and juvenile records.

It is also worth noting that some types of criminal records, such as expunged records, may be sealed or destroyed, which means they are no longer available to the public.

What Are the Types of Crimes in Maryland?

Maryland Criminal Records are subject to variation based on the offense committed by the subject. The main factor determining the distinctions in these records is the type of crime committed.

Maryland has its own set of laws and regulations regarding criminal activities. Here are the types of crimes recognized by the state's legal system:

Felonies

In Maryland, felonies are serious criminal offenses with severe penalties, including imprisonment for over a year and significant fines.

Although the state doesn't classify felony crimes into distinct categories, its criminal laws explicitly define the potential penalties for each felony offense.

Here are a few examples that provide insight into the types of offenses that qualify as felonies in Maryland, along with the corresponding range of sentences:

First-degree Murder

In Maryland, first-degree murder is the most severe homicide charge. In some cases, it carries a potential penalty of life imprisonment without the possibility of parole or even the death penalty.

First-degree murder is intentionally killing another person with premeditation and deliberation. It means that the defendant must have had the specific intent to kill and must have planned the killing.

Second-degree Rape by an Adult Against a Child Under 13

If a person is guilty of this offense, they may face up to 20 years in prison. The court may also impose a fine and require the offender to register as a sex offender.

Drug Trafficking

In Maryland, drug trafficking can result in a mandatory minimum of five years imprisonment. In addition to incarceration, convicted individuals may face a fine of up to $100,000.

Drug trafficking involves illegally manufacturing, distributing, or selling controlled substances like cocaine, heroin, or methamphetamine. The offense's severity depends on the type and amount of drugs, the manner of drug activity, and whether minors were involved.

First-degree Assault

In Maryland, first-degree assault is a severe criminal offense encompassing acts such as causing serious bodily injury, strangulation, or assault with a firearm. Upon conviction, the offender may face severe penalties, including imprisonment for up to 25 years.

First-degree Burglary

First-degree burglary in Maryland carries severe penalties upon conviction, including imprisonment for up to 20 years.

This offense is described as unlawfully entering a residence to commit a crime, such as theft or assault.

Property Theft Worth $1,500 to $25,000

Theft of property valued between $1,500 and $25,000 carries significant penalties upon conviction. The offender may face up to five years of imprisonment, a fine of up to $5,000, or both. Additionally, the court may order the offender to restore the property to the rightful owner or pay for its value.

Aggravated Animal Cruelty

Aggravated animal cruelty is defined as causing or attempting to cause serious physical harm to an animal intentionally or recklessly. It may include torture, mutilation, poisoning, or killing an animal without lawful justification.

In Maryland, this offense carries significant penalties upon conviction. An offender may face up to three years of imprisonment, a fine of up to $5,000, or both.

Abducting a Minor to Another State for 30 Days or Less

The abduction of a child under 16 by a relative and transporting them to another state for 30 days or less is a severe criminal offense in Maryland. The offender may face up to one year of imprisonment, a fine of up to $1,000, or both.

Misdemeanors

Unlike many other states, Maryland does not categorize misdemeanors into classes or levels of severity. Instead, the severity of a misdemeanor's penalty depends on the crime's details, as the statute outlines.

Here are some examples of misdemeanors recognized in Maryland, along with their potential sentences, to give you a better understanding of the range of crimes covered under this category:

Using An Assault Weapon In A Violent Crime

In Maryland, using an assault weapon during the commission of a violent crime or felony is punishable by a mandatory minimum sentence of five years and a maximum sentence of 20 years imprisonment. This penalty serves as a deterrent and emphasizes the severity of using such weapons to perpetrate violent acts.

Second-degree Assault

Second-degree assault in Maryland carries a 10-year prison term, a $2,500 fine, or both. This penalty underscores the serious nature of physically harming another person, even if the harm is not severe or life-threatening.

Child Neglect

An offender of child neglect in Maryland risks a maximum sentence of five years, $5,000 fines, or both. The penalty for this crime emphasizes the importance of protecting the welfare and well-being of children, who are vulnerable and dependent on adults for care and protection.

Cyberbullying

Cyberbullying is a grave offense in Maryland with a maximum penalty of three years imprisonment, a fine of up to $10,000, or both. It underscores the state's commitment to safeguarding its citizens' emotional and mental well-being, particularly in digital communication.

Disorderly Conduct

Disorderly conduct convictions in Maryland carry a 60-day prison sentence, a $500 fine, or both. This penalty emphasizes the state's commitment to public order and ensuring people don't violate others' rights and safety.

Theft of Goods Valued at $100-$1,500

If an individual is guilty of this crime, they could face a sentence of up to six months imprisonment, a fine of $500, or both. Additionally, they must restore the stolen property or reimburse the owner equivalent to its value.

How Does Probation Work in Maryland?

Probation is a type of criminal sentence that allows offenders to serve their sentence outside of prison or jail under the supervision of a probation officer. It is typically offered as an alternative to jail or prison time, although some offenders may be sentenced to a combination of probation and incarceration.

The Maryland Department of Public Safety and Correctional Services (DPSCS) administers probation services in the state. The DPSCS operates through the Division of Parole and Probation (DPP), which oversees the state's probation and parole services management.

An offender must meet specific criteria to be eligible for probation in Maryland. The offender must be a first-time offender or have a prior criminal record that is not too extensive. The offender must also have committed a non-violent offense, and the court must believe that probation is an appropriate punishment based on the nature and severity of the crime.

Within the DPP, probation officers are responsible for supervising and monitoring offenders on probation, ensuring that they comply with the conditions of their probation, and reporting any violations to the court.

Probation Conditions in Maryland

Once an offender is placed on probation, the DPP assigns a probation officer who will supervise their progress and ensure that they comply with the conditions of their probation.

The conditions of probation in Maryland can vary depending on the specific case and the order issued by the court but typically include a combination of the following:

Reporting to a probation officer
Avoiding criminal behavior
Compliance with treatment programs
Submitting to drug testing
Paying restitution
Performing community service
Abiding by travel restrictions
Attending court hearings

Failure to comply with the conditions of probation could lead to the revocation of probation and a return to incarceration, so it is essential for offenders to take their probation seriously and to make every effort to complete their probationary successfully.

Probation in Maryland can last anywhere from six months to several years, depending on the offense and the judge's discretion. The offender's behavior can also influence the length of probation during the probationary period.

If the offender shows good behavior and a willingness to change, the authorities may reduce or terminate their probation early.

How Does Parole Work in Maryland?

Parole in Maryland is a conditional release granted to inmates who have served a portion of their prison sentence. It permits them to spend the remaining sentence under supervision in the community.

To be eligible for parole, inmates must serve a minimum portion of their sentence, which varies depending on the offense.

Those convicted of violent crimes beginning October 1, 1994, are eligible for parole after completing 50% of their sentence. Before 1994, non-violent offenders and individuals convicted of violent offenses were eligible for parole after serving 25% of their sentence.

The Maryland Parole Commission (MPC) actively determines whether to grant parole to an inmate. Generally, the MPC considers the following factors in giving parole to inmates:

The nature and circumstances of the offense
Victim input
Prior major incarcerations
History and pattern of offenses
Rehabilitation progress
Institutional adjustment
Programming needs
Employment readiness

The DPP supervises parolees in Maryland. If an inmate is granted parole, they are released from prison and placed under the supervision of a DPP officer. The DPP officer works with the parolee to ensure that they comply with the conditions of their parole.

Parolees must follow strict conditions of supervision, which may consist of regular check-ins with their parole officer, drug testing, and participation in treatment programs.

If a parolee violates any of the conditions in Maryland, the MPC may revoke the parole and return them to prison.

Before revoking the parole, the MPC will provide the parolee with a hearing to address their case. At the hearing, the parolee can present evidence and argue against revocation.

How Does Expungement Work in Maryland?

Expungement in the state is a legal process that allows individuals to clear their Maryland Criminal Records for certain charges or convictions. In Maryland, expungement is a complicated process that requires a deep understanding of the state's laws and regulations.

The first step in the expungement process is determining if you are eligible. Some charges and convictions can be expunged in Maryland, while others cannot.

Individuals charged with a crime, including a traffic violation with the possibility of imprisonment, may be eligible to file a petition for expungement in Maryland if they meet specific criteria.

These criteria include the following:

Found not guilty in the case
Having the charges dismissed
Have received probation before judgment (except for driving while impaired or driving under the influence charges)
Having the case postponed indefinitely
Having the charge dropped by the State's Attorney
Having the case settled
Convicted of only one non-violent criminal act and have received a full and unconditional pardon from the Governor

Additionally, juveniles waived to adult court may also be eligible for expungement. However, it is essential to note that certain types of charges, such as those involving violent crimes or sexual offenses, may not be eligible for expungement under any circumstances.

For the complete list of eligible offenses and their corresponding waiting periods, refer to the "List of Expungeable Charges" provided under Criminal Procedure Article Section 10-110.

Expungement Process in Maryland

You must obtain the appropriate form from the Maryland Judiciary website to begin the expungement process.

After obtaining the appropriate form, follow the instructions in the form and complete all the requirements. Make sure to fill out the paper only after the required period.

Once you have completed the form and other requirements, you must submit them to the court clerk where your case was concluded and pay the filing fee.

Throughout the expungement process, stay connected to all relevant parties and notify them of any changes in your address or other personal information. It will ensure you receive all necessary notifications and documentation, including your Certificate of Compliance, confirming that your criminal record has been successfully deleted.

Once expunged, the charges or convictions will no longer appear on your criminal record and will not be accessible to the public.

How To Obtain a Criminal Record in Maryland?

Obtaining Maryland Criminal Records can be straightforward but requires following the appropriate steps.

One way to obtain a criminal record in Maryland is through the DPSCS's Criminal Justice Information System (CJIS). This system provides criminal history records for individuals and organizations that require them for employment, licensing or other official purposes. However, access to this system is restricted and requires authorization from the DPSCS.

The person making the request must also send the required fingerprint card and the completed request form (which can be filled out by a government agency or a private entity) and pay the appropriate service fee.

Aside from the CJIS of the DPSCS, another way to obtain a criminal record in Maryland is by visiting a state or local police station. Individuals can request a copy of their criminal record by submitting a fingerprint card and paying a fee.

This method is more suitable for official purposes and can provide individuals with a certified copy of their criminal record. However, it can be time-consuming and may require scheduling an appointment.

Lastly, you can use the Maryland Judiciary Case Search tool, which allows you to search and access criminal records. On the system, you can enter the name of the person you want to search for and select the type of search you want to perform.

This convenient and efficient method provides quick access to the information individuals need. However, the system is unsuitable for official purposes, such as employment background checks or legal proceedings.

What Are the Criminal Background Check Laws in Maryland?

Aside from federal laws like the Title VII of the Civil Rights Act and the Fair Credit Reporting Act, Maryland has regulations to protect job applicants' rights and ensure employers do not discriminate against individuals based on their criminal history.

Here are the primary state laws that govern the criminal background check laws in Maryland:

Maryland's Ban-the-Box Law

Maryland's Ban-the-Box law prohibits certain employers from inquiring about a job applicant's criminal history on the initial job application. The term "ban the box" refers to the box on job applications that asks applicants about their criminal convictions.

Senate Bill 839, which took effect in 2020, applies to employers with 15 or more full-time employees in Maryland. It prohibits these employers from including questions about an applicant's Maryland Criminal Records on the initial job application or during the first interview.

However, if an employer conducts a background check or makes a conditional offer of employment, they may inquire about an applicant's criminal history.

Job Applicant Fairness Act

Following the Job Applicant Fairness Act, employers must not use an applicant's credit report to deny employment, determine compensation, or terminate an employee. However, an employer can request a credit report after extending a job offer.

Certain employers are exempt from these requirements, including those that obtain credit reports as mandated by state or federal law, as well as banks, credit unions, and organizations registered with the Securities and Exchange Commission.

Maryland Code Sections14-1203

Section 14-1203 of the Maryland Code prohibits consumer reporting agencies (CRAs) from reporting certain information considered too old or irrelevant. It covers arrests or convictions that are older than seven years. However, positions paying $20,000 or more are exempt from this time limit.