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Maryland Criminal Records

Maryland Criminal Records

Maryland criminal records are official files documenting individuals' criminal histories, which include information pulled together from every contact made with the state's law enforcement and judicial system. Any time a person is caught and convicted of certain crimes, the details are filed and documented in their criminal record and are updated to federal, state, and local jurisdictions or relevant agencies. Most arrests will appear on a person's criminal record in Maryland, even if the charges were dropped. In addition, this holds true even if the person was found not guilty/acquitted, the prosecutor chose to drop the case before or during trial, or the individual was found guilty or paid a fine.

The Maryland Department of Public Safety and Correctional Services (DPSCS), through the Criminal Justice Information System (CJIS), is the repository for all criminal history records in the state. It maintains all criminal records created by the criminal justice agencies in the state, including local law enforcement agencies and courts. Maryland criminal records are used by criminal justice agencies, such as correctional agencies, police, state attorneys, and sheriffs, for apprehension, investigation, correctional and supervision classification, prosecution, and other criminal justice purposes. These records are also useful for certain non-criminal justice purposes. For instance, private firms and authorized government agencies often perform criminal history record checks for licensing and employment purposes

What is Included in the Criminal Record?

All local law enforcement agencies, the Maryland State Police, and other state criminal justice agencies in Maryland provide information for the rap sheets that make up individual criminal records maintained by the CJIS. A typical criminal record in Maryland with no expunged data will contain the following information:

  • Recordholder's name, date of birth, and address
  • Mugshots
  • Recordholder's physical information, such as eye color, hair color, weight, and height
  • Fingerprints
  • Details of previous arrests, including the location, date, and time of the arrest, and the arresting agency
  • Details of convictions (if any)
  • Pending charges
  • Sentences imposed
  • Conviction status
  • Incarceration history

Are Criminal Records Public In Maryland?

Yes. Criminal records are public records in Maryland, in compliance with the state's Public Information Act (PIA). The PIA [covers all officials and public agencies in Maryland, including the Department of Public Safety and Correctional Services (DPSCS). Consequently, any document received by the DPSCS, including rap sheets, in any form is considered a public record unless it is exempt or privileged by law from disclosure or price. As a result, most criminal records in Maryland can be publicly accessed by record owners, state agencies, and third parties. The disclosure of criminal records to state agencies and third parties, such as companies, universities, private individuals, and public interest groups, is usually subject to certain conditions.

How to Access Criminal Records in Maryland

How to Access Criminal Records in Maryland

The CJIS division of the state's Department of Public Safety and Correctional Services provides criminal records to subjects of those records upon request. To access a Maryland criminal record, the record owner must visit any CJIS-authorized locations providing fingerprinting services to get their fingerprinting done in person. They may also submit their fingerprints to any government-approved private fingerprinting service provider or government-operated services. Appointments are required at any of these fingerprinting offices. Anyone who needs priority fingerprinting service should book an appointment with the CJIS Storefront located at 6776 Reisterstown Road, Suite 101, Baltimore, MD 21215, at (410) 764-4501. Fingerprinting for a Maryland criminal record typically costs $20, but the service charge may vary if submitting fingerprints to private service providers.

Individuals who reside outside of Maryland but need their Maryland criminal record can request a fingerprint card by calling the CJIS Central Repository in Baltimore at (410) 764-4501 or 1 (888) 759-0011 (toll-free). Alternatively, they can download the Fingerprint Card Order Form online. Fingerprint cards from the FBI and other states are not acceptable. A completed Maryland fingerprint card and the required fee should be mailed to the CJIS at:

Criminal Justice Information System - Central Repository

P.O. Box 32708

Pikesville, MD 21282-2708

For overnight mail, the completed fingerprint order form can be mailed to the CJIS at:

Criminal Justice Information System - Central Repository

6776 Reisterstown Road, Suite 217

Baltimore, MD 21215 - 2346

A Maryland criminal record request is typically processed within 10 to 15 days upon receipt of a completed fingerprint card by the CJIS. Once ready, the criminal record will be mailed to the requester. Anyone requesting their criminal record by mail must include an $18 or $19 check ($19 for a gold-sealed criminal record) made out to the CJIS Central Repository.In-person requests cost $38 or $39 (for a gold-sealed criminal record) - the difference in amount is the $20 fingerprinting service charge. Submitted checks are electronically processed. Note that the CJIS Central Repository only accepts payments made by checks or credit cards. It does not accept cash or money orders.

Employers and licensing agencies in Maryland can also request prospective employees' or licensees' criminal records in the state. To do this, the prospective licensees or employees can use the fingerprint cards supplied by their licensing agencies or employers and ensure they have the employer's or agency's authorization number. Once they do, the process is the same as when requesting a personal criminal record. However, when filling out the application to receive Maryland criminal history record information for licensing and employment purposes, make sure to do the following:

  • Add only one contact person to whom all correspondence will be addressed.
  • Type or print all required information clearly.
  • Choose the correct criminal record request type.

How to Access Inmate Records in Maryland

Records of inmates confined in state prisons are maintained by the Maryland Department of Public Safety and Correction Services (DPSCS). The general public can access certain information on inmates housed at the Division of Correction facilities and the Division of Pretrial and Detention Servies facilities by using the Incarcerated Individual Locator. A search can be conducted using the offender's first or last name.

How to Access Sex Offender Records in Maryland

Maryland's sex offenders records can be accessed through the state's Sex Offender Registry maintained by the DPSCS. The registry provides information on sex offenders living or working in each county.

What is Considered a Felony in Maryland?

Any criminal offense with a conviction of at least a sentence of one year imprisonment in a county or state prison or death is considered a felony in Maryland. Felonies are the most serious criminal offenses in the state. Unlike some other states, Maryland does not categorize felonies into different classes. Felonies in the state are usually distinguished by their severe nature and the possibility of considerable harm to other people and the state at large. Criminal offenses considered felonies in the state include the following:

  • Murder
  • Most types of rape or sexual assault
  • Robbery
  • Most types of burglary
  • Most types of white-collar crimes, like fraud and bribery
  • Illegal possession of firearms or firearm possession with the intent to commit a felony
  • Aggravated animal cruelty
  • Drug trafficking
  • Manslaughter
  • Arson
  • Carjacking
  • Kidnapping
  • First-degree assault
  • Vehicular homicide

Penalties For Maryland Felonies

Anyone convicted of a felony in Maryland risks serious consequences, and the severity of the penalty depends on the type of crime committed. The punishments for select felony offenses in the state are listed below:

  • A conviction for second-degree rape by an adult whose victim is younger than 13 attracts a mandatory minimum of 15 years in prison and up to life imprisonment in Maryland.
  • First-degree burglary is punishable by up to 20 years in jail.
  • A person convicted of aggravated animal cruelty can get up to a 3-year jail term and/or up to a $5,000 fine.
  • Drug trafficking attracts a mandatory minimum of 5 years prison sentence (no maximum) and up to a $100,000 fine.
  • First-degree murder in Maryland is punishable by life imprisonment without the possibility of parole.
  • First-degree assault that leads to serious injuries or strangulation attracts up to 25 years of jail time.
  • Property theft involving property valued between $1,500 and $25,000 attracts up to 5 years of jail time and up to a $5,000 fine. In addition, the offender will be ordered to restore the property to its owner or pay its worth.
  • Carjacking is punishable by up to 30 years of jail time.

There are mandatory minimum sentences for individuals convicted of violent crimes for a second and subsequent time under Maryland law. Typically, these mandatory minimums are 10 years for a second conviction, 25 years for a third conviction, and life imprisonment for a fourth (without the option of parole). Conviction for a felony in Maryland also has other consequences. For instance, it may prevent a person from becoming a lawyer, being employed in government jobs, benefitting from public housing programs, voting, and serving in law enforcement agencies.

What is a Misdemeanor in Maryland?

In Maryland, misdemeanors are less serious crimes than felonies and usually attract lesser consequences. However, some misdemeanors in the state can carry longer jail sentences than some felony offenses, especially if there is evidence of intent to cause severe injuries. Generally, if the jail term for a criminal conviction is less than one year, it is considered a misdemeanor in Maryland and will be prosecuted as such. The following criminal offenses are generally considered misdemeanors in the state:

  • Reckless driving
  • Fourth-degree burglary
  • Cyberbullying
  • Possessing small amounts of controlled drugs (10g to 50 lbs)
  • Disorderly conduct
  • Violating a protective/peace order
  • Harassment or stalking through electronic mail
  • Theft of property whose worth is less than $1,500
  • Driving under the influence of drugs or alcohol
  • Carrying a firearm without a valid license
  • Vandalism
  • Second-degree assault

Penalties for Maryland Misdemeanors

Penalties for misdemeanor convictions in Maryland are crime-specific, ranging from 30 days of incarceration or a fine to several years in prison. However, in many cases, jail sentences for misdemeanor convictions in the state are less than a year. The potential penalties for select misdemeanor crimes in Maryland are discussed below:

  • Cyberbullying attracts up to 3 years of incarceration and up to a $10,000 fine.
  • Theft of any property valued at between $100 and $1,499 is punishable by up to six months of incarceration and up to a $500 fine.
  • Committing a violent crime using an assault weapon attracts a jail time between 5 years and 20 years.
  • Second-degree assault is punishable by up to a $2,500 fine and/or up to 10 years of jail time.
  • Stalking is punishable by up to 5 years in jail and/or up to a $5,000 fine.
  • Child neglect attracts up to a 5-year jail term and/or up to a $5,000 fine.
  • Disorderly conduct is punishable by up to 60 days of incarceration and/or up to a $500 fine.

Fines for most misdemeanors in Maryland range between $500 and $5,000. Certain misdemeanor crimes may also result in penalties such as loss of a professional license and suspension or revocation of a driver's license. A person risks a more severe penalty if they are convicted of a misdemeanor and have previously been convicted of the same crime. Some Maryland laws add a mandatory minimum sentence for a second or subsequent misdemeanor offense, while others increase the maximum permissible punishment. For example, the penalty for a first-offense DUI in Maryland is up to one year of incarceration and/or a $1,000 fine. A second offense of the same crime attracts a maximum penalty of 2 years in jail and a $2,000 fine. If the second offense was committed within 5 years of the previous conviction, the offender risks a mandatory minimum of 5 days of incarceration.

How Long Does a Maryland Criminal Record Stay In a Background Report?

How Long Does a Maryland Criminal Record Stay In a Background Report?

In Maryland, reporting a person's criminal conviction in a background report is limited to 7 years for checks conducted through a Consumer Reporting Agency (CRA). This applies to both misdemeanor and felony convictions. However, criminal convictions will be reported in a background check report for employment purposes if a person's expected annual salary is at least $20,000. However, expunged records are inaccessible to the public and may not be reported in a background check report.

Sealing and Expungement of Criminal Records in Maryland

In Maryland, criminal record expungement involves cleaning up certain parts of a person's criminal record. The process allows subjects of criminal records to engage the court and ask them to make certain police and court records inaccessible to the public. While criminal record expungement in Maryland largely applies to records that never resulted in convictions, certain types of convictions can still be expunged.

Generally, records held by the court, police, or other relevant agencies in Maryland marijuana possession charges may be eligible for automatic expungement. Per Section 10-105.1 of Maryland Code, Criminal Procedure, any record whose charge results in any of the following dispositions after October 1, 2021, will be automatically expunged after 3 years, and the court will send the record subject a notice at their last known address:

  • Dismissal
  • Disposition of acquittal
  • Nolle prosequi (excluding a nolle prosequi with a drug or alcohol treatment requirement)
  • Not guilty

To expunge an eligible criminal record in Maryland, file a petition in the court where the case was finally resolved. Someone with multiple cases in separate courts must file a petition in each of those courts. The state requires interested persons to use any of the following forms when filing their petitions for criminal record expungements, depending on peculiarity:

Typically, a person must wait 3 years after their case was decided to file for criminal record expungement in Maryland. However, the rules differ depending on the outcome of a person's case. For instance, an individual cannot file for expungement earlier than 3 years after judgment for a case placed on the stet docket. Similarly, to request an expungement based on a determination of Not Criminally Responsible, an individual must wait at least 3 years after the finding. Some who received a dismissal of charges, were acquitted, or received a nolle prosequi may file for expungement earlier if they also filed a general release and waiver for everyone for whom they may have a legal claim due to their arrest. Furthermore, a person who receives a governor's pardon must wait at least 5 years, but not later than 10 years after the pardon, to file for an expungement.

After completing the relevant form and filing an expungement request, the court will send a copy of the filing to the state Attorney. The state Attorney has 30 days to file an objection to the petition. Typically, if the state attorney files an objection, the applicant will receive a summons in the mail to show up in court and explain why the judge should grant an expungement. At the hearing, the court will decide whether or not the applicant is entitled to an expungement. However, if the state Attorney chooses not to object, the court may order an expungement of court and police records relating to the charge. Maryland criminal record expungement takes about 3 months. Once the judge appends their signature on the expungement order, a copy of that order and a Certificate of Compliance from each relevant agency required to expunge their portion of the criminal record will be mailed to the applicant. After expungement, an individual may legally deny that such arrests or convictions ever took place.

In Maryland, certain convictions in criminal records can be expunged. Depending on the conviction, a person can file for expungement 10 or 15 years after the satisfactory completion of the sentence or the guilty conviction, whichever comes later. The time to file for expungement for guilty verdicts/dispositions varies based on the crime committed, and filing such requests costs $30. Examples of criminal convictions eligible for expungement in Maryland include the following:

  • Certain common law battery and second-degree assault convictions may be expunged after 7 years.
  • Convictions for nuisance crimes, such as loitering, vagrancy, defecation and urination in a public place, and soliciting money, may be expunged after 3 years.
  • Convictions for certain misdemeanor crimes may be expunged after 5 years. These include littering, illegal dumping, disorderly intoxication, breaking and entering a car, possession and use of drug paraphernalia, and certain trespass, burglary, and other property crimes.
  • Convictions for certain domestic-related crimes may be expunged after 15 years.
  • Convictions for certain general thefts and first or second-degree burglary may be expunged after 10 years.

Sealing a criminal record in Maryland does not erase it. Rather, it hides the record from the general public's view but is still largely within the state's legal system. So, anyone who petitions the court to seal (shield) their criminal record in the state must be aware that even though sealed records are not publicly available, certain government agencies and law enforcement can still access them. On the other hand, a criminal record expungement technically destroys the record and erases it from its official existence. However, it is not a complete erasure of the record-holder's past, as certain agencies may still be able to access parts of the expunged record. Such agencies include the military, police, and other agencies that need security clearance for certain jobs.

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