Maryland Arrest Records

Law enforcement agencies have the statutory power to arrest individuals on suspicion of crime and detain them. Detention may be temporary, depending on the circumstances of the case. 

Maryland arrest records are legal documents containing information about the arrestee, the grounds for the arrest, and all necessary details pertaining to the apprehension. This information may include the personal details of the arrestee, physical features, charge information, case number, name of the holding facility, arresting officer and agency, bail and bond terms, nature of the crime committed, and location of the arrest. 

Arrest records are crucial to the Maryland Criminal Justice System and are usually contained within Maryland criminal court records. They can reveal whether an arrest is executed arbitrarily, unlawfully, or with cause. The information documented in an arrest record serves as a premise for a criminal court case. 

The 2020 Uniform Crime Report for Maryland revealed 127,748 arrests for the year, a 28.6% decrease from the previous year. Of the total number of people arrested in Maryland that year, 97,194 were men, 30,554 women, and 10,371 juveniles. Property crime was at an all-time high, comprising 61.9% of criminal index offenses. The counties with the highest reported arrests were Baltimore County, Anne Arundoe County, Prince George County, and Montgomery County. 

Are Arrest Records Public in Maryland?

Yes. According to the Maryland Public Information Act, all individuals or government agencies can access and request copies of public records in any form in the custody of a government agency. In Maryland, arrest records are public information per the Maryland Freedom of Information laws, and anyone can view or inspect such records subject to certain restrictions (Md. Ann. Code art. GP, § 4-101).

The Act authorizes official custodians to create rules and guidelines to protect records in their custody and limit public access where it may result in unwarranted invasion of privacy or interference with official business. 

Arrest records may also be restricted subject to a petition for expungement under federal or state law. In such circumstances, an individual's right to freedom of information may be impeded. Sealed records may only be viewed where the requester can prove legitimate interest to the court's satisfaction. 

Furthermore, per Md. Ann. Code art. GP, § 4-332 (d), an official custodian may reject a request for public documents where it shall:

• Jeopardize the life and safety of a person 
• Interfere with ongoing investigations and court proceedings 
• Compromise key witnesses or confidential sources
• Prejudice right to a fair hearing of an individual

Government agencies may also restrict access to juvenile offender records, medical information, social security numbers, and bank information. If a custodian denies an application, they must notify in a written statement within 10 working days. The written statement must contain the reason for refusal, relevant laws, and available remedies (Md. Ann. Code § 4-203). 

What is Included in Maryland Arrest Records?

Maryland arrest records may contain the following information:

• Arrestee's personal information: This typically includes the first, last, and middle name of the individual, date of birth, age, home address, city, and state of residence. 
• Physical description: height, weight, race, gender, hair color. 
• Fingerprints and mugshots.
• Police case number.
• Arrest and booking data: Arresting agency, arrest location or site, name of the booking officer(s), date, time, and place of arrest.
•  Offense: Charges filed against the arrested person, as well as the description, nature, and category of the charges. 
• Bail and bond information (bond type, amount, bail or bond terms).
• Scheduled court dates (if any).

Find Public Arrest Records in Maryland

Maryland arrest records provide an account of an individual's interaction with law enforcement following their alleged involvement in a crime. The agencies responsible for the arrest, such as the County Sheriff's Office and Police Departments, are the first and official custodians of arrest records. Consequently, inquirers may find public arrest records by contacting the relevant agency in their municipality or the jurisdiction where the subject of the record was arrested. 

Per the Maryland Public Information Act, most agencies have rules and regulations governing the production and inspection of arrest records. Since arrest records in Maryland are public records, anyone can access and retrieve them. The following steps are typically required across the board:

• Identify the Agency with Jurisdiction over the Records: Requests for public arrest records should be addressed to the exact agency that executed the arrest. Inquirers must know where the person was arrested and identify the law enforcement office responsible for the arrest. 
• Determine the Request Procedures and Fees: The rules and procedures for obtaining arrest information are usually outlined on the websites of custodian agencies. If the required information is unclear or unavailable, the inquirer may contact the office lines to make the necessary inquiries. Some agencies permit in-person, online, or mail search options. Confirm what search procedures or tools the agency employs, as well as the availability and status of the record (public or restricted. Also, confirm what fees are applicable, the agency's mail address, templates, and the accepted mode of payment, and if proof of identification may be needed for in-person requests. 
• Submit the Request: Arrest records searches may be performed online, in-person, or via mail. For mail requests, the requestor must make sure they comply with the template or format prescribed by the agency. It should be addressed to the mailing address if it differs from the physical address. The letter should include postage fees and other compulsory fees. Persons who wish to retrieve the records from the agency's physical office may visit during the usual working or designated visiting hours. Complete the necessary forms and provide sufficient details to aid record retrieval. 
• Fees and Payment: Per MD Gen Provisions Code § 4-206, government agencies are at liberty to charge a reasonable fee for the actual cost to search, produce, or reproduce records in a customized format upon the requests of an applicant. Inquirers may the agency to confirm the estimated cost of the request. Ensure that all applicable fees are included in the mail. 

Obtaining Sealed Arrest Records in Maryland

The right to freedom of information in Maryland is not absolute. Maryland arrest records may be sealed where it is feared their accessibility may endanger the life and safety of an individual or interfere with investigations and another's right to a fair hearing. 

If an individual has a legitimate interest in the record, they can apply for a subpoena. The court issues a subpoena and compels the record custodian to present a document for inspection, copying, or sampling. 

A subpoena is used where the applicant believes that the document is evidence that will support their case. It is first approved by the State Court Administrator and subsequently issued by the court clerk. It may be served by a Sheriff of any county or non-party to the suit (who must be above 18) and delivered to the person so named within 60 days of its issuance (Md. R. Civ. P. Cir. Ct. 2-510). 

How to Lookup Arrest Records Online in Maryland

Although the Maryland Department of Public Safety and Correctional Services is the central repository for criminal records, there's no central database for arrest records specifically, as not everyone arrested is charged or convicted of the suspected offense. However, several local law enforcement agencies in Maryland maintain online arrest logs. Such search platforms are free and easy to navigate. 

In circumstances where the arrested person is still in custody awaiting trial or has been convicted of an offense, inquirers may contact their local sheriff or sheriffs of neighboring counties for inmate information. Meanwhile, the Maryland Department of Public Safety and Correctional Services manages and operates an incarcerated individual locator. 

How Long Do Arrests Stay on Your Record in Maryland?

It depends. Records of arrests after October 1, 2007, are automatically expunged within 60 days of their release if the individual is not a person of interest in a criminal case (MD. Criminal Procedure Code § 10-103.1). 

Aside from this provision, arrest records shall remain on the person's record unless and until the statute of limitations bars action or the record holder petitions the court to delete or seal the records. However, petitioners must wait a maximum of 3 years before applying for an expungement of their arrest. If not expunged or sealed, an arrest record will always be in the public domain.  

Expunge an Arrest Record in Maryland

Arrest records are subject to expungement per the Maryland Procedure Criminal Code (§ 10-102 (a)). An individual may file a petition to the court in the jurisdiction where they were arrested to delete or erase that record. 

Expungement of Arrest Records made before October 1, 2007 

Persons arrested by a law enforcement official on suspicion of crime and subsequently released without being charged may file a petition to delete the record within 8 years of the event. Once the facts are examined and verified, the court shall find and expunge the record within 60 days of the request. The court shall also order every other law enforcement unit and any central repository and detention facilities to search for and delete any police record on such arrest, detention, or confinement (MD Code Criminal Procedure § 10-103). 

Expungement of Arrest Records made on or after October 1, 2007

Section 10-103.1 outlines the provisions for release after an arrest without charges on or after October 1, 2007. According to the statute, the person is entitled to expunge their record within 60 days of release. However, the record may not be wholly deleted until 3 years from the date of the expungement. If a law enforcement unit or government central repository refuses to comply with an order to expunge the petitioned police records or deny public access, the petitioner may seek remedy in court and recover the court costs from the defendant. This category of petitioners are not required to pay any fees for expungement. 

Expungement Ordered by a District Court

In Maryland, a prosecutor or the state may give formal notice of no wish/intention to prosecute (nolle prosequi) on all charges in a criminal case. This may be done within the jurisdiction of a District Court where the defendant has not been notified of the charges against them. In this case, the District Court may order the expungement of any related court records, arrest records in police custody, or any other records filed in the state connected to the arrest or charges (MD Code, Criminal Procedure, § 10-104). 

Expungement of Arrest Records after a Charge 

Per MD Code, Criminal Procedure, § 10-105, where a person has been arrested and charged for an offense punishable by a term of imprisonment, they may be eligible to file a petition to delete all arrest records in the custody of the police, court records and all other records as it so relates maintained by the state if:

• The person is acquitted 
• The charge was dismissed 
• The petitioner is placed on probation before judgment (PBJ)
• A nolle prosequi is entered with a compulsory drug or alcohol treatment 
• The charge was transferred to a juvenile court
• The person was pardoned unconditionally by the Governor of Maryland
• The person was not found criminally responsible under available laws, or
• The case was compromised (Criminal Law Article § 3-207)

How Do I Find Recent Arrests in Maryland?

Residents of Maryland can obtain recent arrest information by contacting or visiting their local law enforcement agencies in the area where they reside or in the last known location of the arrestee. For example, the Montgomery Sheriff's Office maintains an online log of arrested persons in and out of the county. The Montgomery County arrest logs are updated daily. Alternatively, interested individuals may use third-party search sites to find arrest information. 

Are Maryland Arrest Records Free?

It depends. Arrest records in Maryland may be accessible at no cost through selected online resources. However, looking up arrest records in-house or sending mail requests will incur some charges. The official custodian may charge for time spent searching, producing, and reproducing the records. Likewise, third-party sites are not free. Users may be required to subscribe to their service or pay search and download fees.