What are Maryland Criminal Court Records?

Maryland criminal court records provide the official summary and history of a criminal court proceeding. Maintained by the clerk of the court where the hearing took place, the records may include charging documents, memorandum, trial transcripts, pleading, electronic recording, docket entry, and judgment. Criminal court records typically encompass all information pertaining to the case including associated Maryland warrants (typically those that have been executed), Maryland arrest records, indictment information, inmate records and others.

Understanding the Maryland Criminal Court System

There are four levels of court in the Maryland court system. They consist of two trials and two appellate courts.

Maryland Appellate Court

What are the duties of the Maryland Appellate Court?

Maryland appellate courts review the decisions of cases made by trial courts. They check to see if the presiding judge followed the law and legal models when making judgments. Appellate Courts in Maryland fall into two groups: the Court of Appeals (Supreme Court), and the Court of Special Appeals (intermediate appellate courts). These courts review the actions and decisions of the trial courts in Maryland (which could either be the District or Circuit Court) to see if they have followed the law and other legal standards when judging a case.

Court of Appeals

The Court of Appeals in Maryland is the same thing as the Supreme Court found in other states. It is the highest court in the state. The court chooses the cases it wishes to hear through the process of certiorari. However, the court is mandated to hear cases related to the death penalty, questions of law certification, removal of specific state officials, and legislative redistricting. There are seven judges assigned to the Court of Appeals, which include the Chief Judge and six other judges. These judges hear oral arguments and decide on different cases. In some situations, a judge might decide to discontinue hearing a case. When this happens, the judge is replaced with a judge from another court.

Court of Special Appeals

The Court of Special Appeals serves as an intermediate appellate court for the state of Maryland. It reviews decisions, orders, and the decree on cases from the Circuit and Orphans’ courts. It takes the panel of three judges to hear and decide cases. But in some cases, all the judges in the court (15 judges) hear the case together.

Trial Courts

What are Trial Courts?

Trial courts hear original cases and make decisions based on the facts, evidence, and laws of the state. They also follow legal decisions taken by a higher court in the past when presented with the same case. Maryland trial courts consist of circuit courts and district courts.

Circuit courts

The Circuit Court in Maryland is tasked with handling court cases related to criminal cases and juvenile cases. It also handles civil cases and family law cases involving child custody, child support, divorce, etc. In addition to its original jurisdiction, the court also hears appeal cases brought from the District Court, orphans’ courts, and specific agencies. Under exceptional circumstances, the Circuit court can also hear the following cases:

• Cases from District court where the defendant or prosecutor will request for a jury trial
• Cases with three or more years incarceration as punishment which is originally tried in a District court
• Cases with a fine up to $2500 or/and more
• Domestic violence cases

Every county in Maryland has a circuit court. Baltimore also has one. Court cases may be decided through jury trials or by a presiding judge.

District Court

The District Court is one of the lower trial courts in Maryland. It handles cases that have to do with limited felonies, misdemeanor, and violation cases such as a motor vehicle (traffic) and boating violations.

The court also hears civil cases with claims at or less than $5000 and claims up to $30,000. Other cases decided by the court involve domestic violence, landlord-tenant disputes, small claims, peace order petitions, etc. It also decides on matters that have to do with the recovery of goods (replevin). There are 34 District court locations in the state. Aside from counties, the city of Baltimore also has a district court. A judge decides the court cases. There is no provision for jury trials.

What’s included in a Criminal Court Record?

A criminal court record contains information in different formats, which all relate to a pending or completed case. The contents of a criminal court record depend on how the matter ends. Some might end with conviction while others end in a plea bargain even before the case starts. Records that end with the latter will typically have the charges description and agreements of the contract between the prosecutor and defendant spelled out. But those that get to the trial conviction will have the evidence and exhibits entered into the records. It could also include:

• Verdicts
• Sentences
• Sentencing transcripts, etc.

Obtaining Criminal Court Records in Maryland

The public has access to non-confidential criminal court records in Maryland. They can choose to access these records by visiting the courthouse where the case was filed (in person), requesting by mail, or searching for it online.

Publicly available records are accessible from some third-party websites. Operating as a private entity independent of any state government agency, these websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching specific or multiple records. To find a Maryland criminal court record using the search engines on these sites, interested parties must provide:

• The name of someone involved, providing it is not a juvenile
• The assumed location of the record in question such as a city, county, or state name

Third-party sites are not government-sponsored websites, and record availability may differ from official channels.

How Do I Access Maryland Criminal Court Records in Person?

Step 1. Identify the Right Court

The first step to obtaining a criminal court record in Maryland is identifying the court where the original case was filed, which could be a District or Circuit court. Find out the location of the court from the Maryland Court Directory, which contains the address and phone numbers of various courts in the state. Also, check the individual court’s website for more information on what time to come for the records or any other requirements.

Step 2. Gather Case Information

Individuals trying to obtain the records should ideally have substantial information about the case, such as the case number, to enable them to locate the file with ease. If the case number is not available, requesters may also be able to search for records using the names of the parties involved in the suit, the sitting judge, or the attorneys in attendance. If they are unavailable, inform the clerk at the court who will arrange a manual search for an amount of money.

Step 3. Request for Records

To ease the process of retrieving records, most clerks require that members of the public submit a written request for records. Some courts provide a form to ease the process. Completed forms typically contain information such as the defendant’s name, case number, and other relevant information necessary for the location of the document. Individuals are advised to check the court’s website to check out the form and see what the requirements are. Although they are likely to get one when they visit the court’s physical location.

Step 4. Make payment

Viewing criminal court records in Maryland is free. But since members of the public are restricted from taking the file away, individuals may request a copy. And this is where the clerk will charge a fee to make copies. The total cost will be dependent on the number of copies made.

How Do I Find Maryland Criminal Court Records by Mail?

Use the court’s directory to find the mailing address of the court where the case was filed and send a mail requesting for the specific method. In Allegany County, the clerk charges 50 cents per page of the court records, then an extra $2 to send the copy via mail.

Are all Maryland Criminal Court Records Public?

Residents of Maryland can access most criminal court records except where prevented by state laws or court order. Depending on the case, some criminal records may be shielded or expunged. However, this is not easy. Shielding a criminal court record means the related case files will no longer be accessible to the public or displayed in a case search. But some individuals, law enforcement agencies, and other permitted agencies would be able to access it.

Can I Access Sealed Criminal Court Records?

Sealed or shielded criminal court records are not accessible by the public, except they request permission from the court to access it. Parties interested in accessing shielded records can download and complete these forms. For sealed records, file a motion using the form CC-DC–054 online.

Are Maryland Juvenile Criminal Records Open to the Public?

Juvenile criminal records are court records of a child or youth who was alleged a delinquent or adjudicated a delinquent. It can also mean records of a child who got a citation for violating a law. Juveniles in Maryland are referred to individuals under the age of 18 years. When youths commit crimes, they are not treated the same as adults. However, specific individuals might be granted access by the court to see juvenile records, which is one of the needs for destroying (expungement) the files. Juveniles can request to have their records expunged if someone filed a petition against them, citing juvenile delinquency, or they received a minor citation.

There are, however, two types of juvenile records in Maryland that cannot be deleted, which are:

• Sex offender registry records
• Records maintained by law enforcement agencies

The records kept by the law enforcement agencies cannot be used to identify the juvenile’s identity as it does not contain any personal information. They are only maintained for the state’s statistics on delinquency.

What Records are Automatically Sealed by Maryland Statute?

Juvenile records are automatically sealed according to the Maryland statute. This includes inmate records of juvenile correctional centers.. Also, in criminal court records, the contact information of the victim is automatically shielded from the public. Defendants or a related party that has been identified in the record can file a motion to have their records sealed or limited.

Are Trial Transcripts Open to the Public?

The US District Court, Maryland District Trial transcripts are open to the public. Individuals interested in obtaining it can submit requests through a written application to the Clerk’s office or court reporter, who will then give them an estimate of the cost for getting it.

How Do I Obtain Federal Criminal Court Records Online?

To obtain federal criminal court records online, the general public can visit the PACER website where a majority of the Federal court records are filed. However, to search for the records, interested individuals will need to register for an account with the platform. Information required to register includes first and last name, date of birth, home address, phone number, and user’s occupation/description. After registration, individuals can begin searching for specific federal criminal court records using information such as the court’s location, case number, or name.

To request copies of the document, contact the Clerk’s office by filling and sending a copy work request. To make a reproduction comes with a cost, and the clerk or any official at the office will disclose it when replying to the application. Individuals can also get copies of court records of federal crimes directly from the National Archives Records Administration or by submitting an Archives Record Request.