Maryland Arrest Records

In 2021, there were 109,557 arrests in Maryland, a 14.2% decrease from the 127,748 arrests in 2020. Of these, 101,782 were adults, and 7,775 were juveniles. This represents a 13.3% decrease in adult arrests and a 25% decrease in juvenile arrests compared to 2020.

Arrests for drug offenses totaled 16,412 in 2021, an 18.3% decrease from 2020. Additionally, 13,007 people were arrested for driving under the influence in 2021, a 5.2% decrease from the previous year.

In summary, 115,912 crime incidents were reported in 2021, down from 123,439 reported in 2020, a 6% decrease. The following were the trends for specific crimes between 2021 and 2022:

• Murder: Increased by 13.3%
• Rape: Increased by 22.6%
• Robbery: Declined by 6.3%
• Aggravated Assault: Increased by 7.8%
• Breaking or Entering: Declined by 26.9%
• Larceny-theft: Declined by 7.1%
• Motor Vehicle Theft: Increased by 4.3%

What Is an Arrest Under Maryland Law?

Under Section 13A-201 of Maryland's Public Safety Code, an arrest means the restraint of an individual by an order, not imposed as a punishment for an offense, directing the individual to remain within certain specified limits. An arrest typically occurs when there is sufficient reason to believe a crime has been committed and the person arrested is involved in committing the crime.

Type of Arrests in Maryland

Maryland laws allow arrests to be made with or without a warrant.

Warrant Arrest

A Maryland warrant arrest may be an arrest warrant or bench warrant. An arrest warrant is a court order issued to the police to take an individual into custody. A judge issues the warrant upon receiving sufficient evidence via an affidavit submitted by a law enforcement officer that an individual is suspected of criminal activity. The judge will confirm that the officer has established probable cause before signing the arrest warrant. Probable cause refers to reasonable belief in the suspect's guilt based on the information and facts presented before the arrest.

According to Section 968.07 (1) of Wisconsin Statutes, a law enforcement officer generally can make a warrant arrest when:

• The police officer has a warrant commanding that such a person be arrested; or
• The police officer believes (on reasonable grounds) that a warrant for the suspect's arrest has been issued in Wisconsin; or
• The police officer believes (on reasonable grounds) that a felony warrant has been issued for the suspect's arrest in another state; or
• There are reasonable grounds to believe that the person to be arrested is committing or has committed a crime.

Unlike arrest warrants, bench warrants are initiated by magistrates or judges, not law enforcement officials. A bench warrant is usually issued by a district or circuit court judge when a person misses a scheduled court appearance for a crime typically punishable by jail. Upon issuance, a bench warrant is forwarded to the police department closest to the person's address to be served on them.

Warrantless Arrest

Per Section 2-202 of the Maryland Criminal Procedure Code, a warrantless arrest in the following circumstances:

• A police officer may make a warrantless arrest of a person who commits or attempts to commit a misdemeanor or felony in the presence or within the view of the police officer.
• A police officer with probable cause to believe that a misdemeanor or felony is being committed in the presence or within the view of the officer may make a warrantless arrest of any individual the police officer reasonably believes to have committed the crime.
• A police officer may arrest a person without an arrest warrant if the arresting officer has probable cause to believe that a felony has been attempted or committed and the person has attempted or committed the felony whether or not within the view or in the presence of the police officer.

Warrant and warrantless arrests generally can be made for felonies and misdemeanors, including domestic abuse, violation of protective order, and stalking.

What Are Maryland Arrest Records?

A Maryland arrest record is generally a compilation of reports and information related to the arrest or detention of the individual named in the record by law enforcement agencies in Maryland. Note that an arrest record only includes information about arrests, not conviction records. Hence, an arrest record typically does not indicate that a person is guilty of the charges filed against them in the arrest report. For in-depth information about arrest and conviction data, a criminal record may be required. A criminal record is generally a comprehensive collection of arrest information, court dates, dispositions, and sentences.

A Maryland arrest record generally contains the following types of information:

• The full name, date of birth, address, sex, weight, height, ethnicity skin color, and hair color of the arrestee
• The date, time, and place of the arrest
• The charges filed at the time of the arrest
• Mugshot
• Fingerprints
• Information about the arresting officer and agency
• Information about bail and bail bonds

How Can Arrest Records Be Accessed in Maryland?

Arrest records are considered public under the Maryland Freedom of Information Act and the Maryland Public Information Act. Consequently, members of the public may make requests to the appropriate custodians to access arrest records. Note that some records may be inaccessible if shielded or expunged.

You may access arrest records in Maryland through any of the following ways:

Maryland Judiciary Case Search

Maryland judiciary generally provides a free searchable database to access Maryland arrest information and other court records. To access arrest records via the database, visit the Case Search portal and conduct a search by name, case number, or date of birth. Charges ending in a dismissal, not guilty, or nolle prosequi are shielded from public view on the portal.

Local Police Departments

The first custodians of Maryland arrest records are police departments or county sheriff's offices. Arresting officers typically work in police departments of county sheriff's offices and the records of their arrests are filed with the departments where they work. Therefore, you may visit the local police department of the county sheriff's office where an arrestee was detained to access an arrest. In some instances, you may be able to access arrest records online via the county sheriff or local police department website. Note that each agency typically has different processes and fees for accessing arrest records. Hence, you should contact the agency ahead of an in-person visit or visit their website to determine their unique requirements and charges. Some agencies usually have online forms that must be completed and submitted, while others have printable request forms that can be emailed, mailed, or delivered in person.

Criminal Justice Information System

An arrest record may be accessed as part of a criminal record request from the Criminal Justice Information System of the Maryland Department of Public Safety and Correctional Services. The CJIS provides access to criminal records via fingerprinting.

If you live in Maryland, you may visit any authorized location providing fingerprinting services. If you live outside of Maryland, you may request a fingerprint card by calling the Criminal Justice Information System at (410) 764-4501 or toll-free at 1-888-795-0011. Alternatively, you may request a fingerprint card by writing the:

Criminal Justice Information System

Central Repository

P.O. Box 32708

Pikesville, Maryland 21282-2708

After, return the fingerprinted card and a check made out to "CJIS Central Repository" for the associated fee to the address above or overnight to:

Criminal Justice Information System

Central Repository

6776 Reisterstown Road

Suite 217

Baltimore Maryland 21215 - 2346

After receiving the fingerprinted card, you may expect a response from the CJIS within 15 days.

How Long Will an Arrest Report Stay on Your Maryland State Records?

If you were arrested in Maryland on or after October 1, 2007, and not charged with an offense, your arrest record will generally be expunged automatically within 60 days upon your release from custody. However, if you were charged with a crime after arrest, your arrest record will remain indefinitely on file with the state, except if you obtain an order to expunge or seal the record pursuant to Maryland laws.

Can You Expunge Your Arrest Records in Maryland?

Maryland generally allows arrestees to expunge their arrest records if they are eligible. An expungement in Maryland refers to the removal of police and court records from public view.

If you were arrested but released without being charged, your arrest records will generally be automatically expunged within 60 days of your release. Otherwise, you may visit the arresting agency where the arrest occurred and request the appropriate form per the agency's procedure to have the arrest record removed from your criminal record.

However, if you were arrested and charged with a crime, you may be eligible for an expungement of your arrest record if:

• You were adjudicated not guilty
• The charge was dismissed
• Your case was settled (compromised)
• The court indefinitely postponed your case
• The charge resulted in a PBJ (Probation before judgment), excluding charges of DUI or DWI
• You were convicted of only one non-violent criminal act, and the governor granted you a full and unconditional pardon.
• Nolle Prosequi - The State's Attorney did not prosecute your charge
• Juvenile waived

Note that if your charge resulted in a disposition of acquittal, not guilty, dismissal, or nolle prosequi (except for a nolle prosequi with a requirement of drug or alcohol treatment) after October 1, 2021, your arrest records will normally be automatically expunged within three years.

To petition for an expungement, download and complete the relevant form (available on the Maryland Judiciary website). Submit the completed form to the court clerk where your case was concluded and pay the non-refundable filing fee ($30). The following information will typically be required at the time of application:

• Your name and any aliases you used at the time of arrest
• Current address
• Your gender
• Your date of birth
• Date of birth
• Arresting agency
• Case number and tracking number

After filing your application, the court clerk will serve a copy of the application to the State's Attorney. The Attorney may file an objection within 30 days. If the State Attorney fails to file an objection, the court may issue an expungement order for your arrest records. If an objection is filed, the court will conduct a hearing on your petition to make a decision. The expungement process takes up to 3 months to complete. You will get a copy of the order in the mail and a Certificate of Compliance from every agency required to expunge their part of your record after the judge signs your expungement order.

Note that an expungement application may be denied for several reasons, such as if you have a criminal proceeding pending against you or have been convicted for a crime during your waiting period.

For more information on expunging an arrest in Maryland, contact the District or Circuit Court of Maryland location in your area or visit the Maryland District Court website.

Is a Citizen's Arrest Legal in Maryland?

Although many states in the United States have laws governing a citizen's arrest, Wisconsin has no such laws. In the state, a citizen's arrest is governed by common law. The only exception to this is provided in Section 943.50 (3) of Wisconsin Statutes, which states that a merchant's adult employee or security agent who has reasonable cause to believe that a person has committed a crime may detain the individual in a reasonable manner for a reasonable period to deliver the person to a peace officer, or their parent or guardian in the case of a minor.

Wisconsin common law generally permits a private individual to justify arresting an individual if the person has committed a felony and the arrest is made upon proof of probable cause for the purpose of bringing him before an examining magistrate.

Under the state's common law, a private citizen may make a warrantless arrest for a felony crime based on probable cause. However, a warrantless arrest for a misdemeanor may only be made, if the misdemeanor offense is committed in the private citizen's presence and constitutes a breach of peace.

How to Look Up Arrest Warrants in Maryland

You may look up an arrest warrant in Maryland using any of the following means:

Visiting Local Law Enforcement

You can generally find information about a specific arrest warrant from the local police department or the county sheriff's office that made the arrest. Many of these offices or departments have warrant sections that may be contacted via the information provided on the department's websites. If you cannot find contact information online, you may visit the police department or county office in person to look up information for warrants issued in their jurisdiction.

Courthouses

Maryland courthouses have court clerks who maintain court records. Since judges sign warrants before law enforcement makes arrests, you may be able to access warrant information for arrest warrants issued in a court from the court clerk. A call or an in-person visit to the office of the court clerk will be required to look up an arrest warrant via this method.

Maryland Judiciary Search Site

The Maryland Judiciary Case Search generally allows users access to case information for court proceedings in the state. For example, you can access arrest warrants by searching the state judiciary search site by name or case number.

Hiring an Experienced Attorney

An experienced criminal attorney may help you search arrest warrants through means that may typically not be available or difficult for inexperienced persons to access. The lawyer may contact the sheriff's office to determine if a warrant exists for a person.