Maryland Misdemeanors

Unlike some states in the U.S., Maryland does not subclassify misdemeanors into Class A, B, or C. Instead, crime is broadly classified into either felonies or misdemeanors, and the penalties are set on a crime-by-crime basis. The penalty for each offense is stipulated under its own statute, with the severity depending on aggravating circumstances.

Felonies are the most serious class of crime in Maryland, e.g., murder, rape, and trafficking of large amounts of controlled substances. They often attract penalties that can include long prison sentences and heavy fines. Misdemeanors are less severe than felonies but still carry serious consequences. The penalty varies widely per offense and can range from short jail time to probation and fines. Misdemeanors are typically tried in Maryland district courts, while felonies are handled by circuit courts. Maryland courts maintain criminal court records associated with these cases that can be accessed by anyone.

Common Examples of Misdemeanors in Maryland

Examples of offenses typically classified as misdemeanors in Maryland include:

• Second-degree assault (Md. Code, Criminal Law § 3-203)
• Driving under the Influence of Alcohol (DUI) (Md. Code, Transportation § 21-902)
• Theft of amounts under $1500 (Md. Code, Criminal Law § 7-104(g)(2))
• Possession of drugs in small amounts (Md. Code, Criminal Law § 5-601)
• Public disturbance or obstruction (Md. Code, Criminal Law § 10-201)
• Trespassing (Md. Code, Criminal Law § 6-403)
• Stalking (Md. Code, Criminal Law § 3-802)

Statute of Limitations for Misdemeanors in Maryland

Misdemeanors in Maryland typically have a statute of limitations of one year, while felonies typically have no statute of limitations. This means that prosecutors have one year to file charges for a misdemeanor, but are free to charge a felony anytime during the case proceedings.

The statute of limitations typically begins counting from the day that the offense occurred. Some misdemeanors like domestic violence, DUIs, and crimes that trigger special statutes can be elevated to felony charges, leading to them having no limitation period. A summary of common timeframes is provided below:

Legal Penalties for Misdemeanors

Misdemeanors are typically classified as moderate offenses with no additional sub-classification. With each offense having a penalty stipulated by its statute. Though penalties can vary based on the decision of the court, the offender's criminal history, the nature of the crime, and intent, general penalties for misdemeanors include the following:

• Jail term: Misdemeanors attract up to one year in jail. The sentence may be extended in the cases of specific statutes (second-degree assault and harassment).
• Fines: Payment ranging from $500 to $5000, depending on the statute
• Probation: supervised or unsupervised mandatory compliance with conditions such as counseling, drug testing, and checking in
• Community service
• Payment or restitution to victims

The effects of a misdemeanor conviction go beyond the immediate sentence. For instance, a misdemeanor conviction remains on a person's criminal record, which is publicly available and can negatively impact their employment, housing, and licensing opportunities.

Court Process for Misdemeanors

The court process for misdemeanors in Maryland varies depending on the offense, the jurisdiction of the case, and the circumstances surrounding the offense. A general overview of a typical court process is as follows:

• Arrest or citation: the defendant is taken into custody or ordered to appear in court through a written notice (citation).
• Arraignment: the defendant appears before a district court judge and is read their charge, where they can plead guilty or not guilty.
• Pre-trial: The case proceeds if the offender pleads guilty or evidence of their wrongdoing is presented until a plea bargain (guilty, not guilty, no contest) is reached.
• Trial: If a bargain is not reached before trial, the case proceeds to a judge.
• Verdict and sentencing: The judge passes a ruling based on case information and the case's statute, and the defendant is sentenced to prison or probation. Community service or to pay a fine.
• Appeal: The defendant can appeal to a higher court to overturn the court's decision

It is important to note that the court process may not follow the general procedure. Local court procedure may differ. Diversion programs and mutually accepted plea bargains may lead to the case being resolved more quickly.

How Misdemeanors Affect Your Criminal Record

When a misdemeanor becomes a part of a person's criminal history, it becomes a public record and is accessible to any inquirer. The proceedings and ruling of the misdemeanor will form part of the court records and will also be available through the state criminal history search tool. Criminal history searches or background checks can then be conducted by law enforcement, employers, landlords, and licensing bodies, and these records can be retrieved.

As all misdemeanors are visible unless otherwise restricted by sealing or expungement, having a misdemeanor show up during a background check can influence the decisions being made about a person when it comes to hiring and renting. It may also affect a person's civil rights and ability to get permits, including their right to own a firearm. Expunction, which is the legal removal of the offense from a person's criminal history or sealing the record, can remove it from public view. Expunction is not automatic, and the specific misdemeanor has to be eligible for removal from public view.

Differences Between Misdemeanors and Other Offenses

Felonies differ from misdemeanors in their severity and the penalties they attract. Felonies are considered more serious offenses, and they attract a penalty of more than one year of jail time or substantial fines. Misdemeanors have moderate severity and generally have up to a year of jail time. In some cases, however, a misdemeanor can have up to 10 years ' imprisonment due to its severity, such as aggravated assault, handgun violations, and fourth-degree sexual offense, especially involving minors.

Each misdemeanor has its penalty stipulated and governed by a statute, and on some occasions, some misdemeanors may attract more severe penalties than what other states classify as class B misdemeanors. As Maryland has a broad classification of misdemeanors, the difference in penalties and statutes sets one misdemeanor apart from the other.

How to Check for Misdemeanors in Court Records

As they are a part of criminal records, individuals can check for misdemeanors by searching through criminal court records. Depending on the jurisdiction of the case, there may be different procedures for retrieving these records. The general avenues for finding misdemeanor records are as follows:

• Online databases: Individuals can search state websites and third-party online resources that provide access to criminal case records. Maryland provides the Case Search tool, where individuals can retrieve records by case number or party name.
• Courthouses: As misdemeanor cases are judged by the court first, they form part of public court records. Individuals can visit the court where the case was filed to request a copy of the record.
• Clerk’s Office: Individuals can contact or visit the clerk of courts' office to obtain misdemeanor records just like other court records.

It is important to note that the availability of these records does not guarantee access to them. Some records may be restricted by law or due to ongoing investigations. It is important to confirm the availability of a misdemeanor record from the official record custodian.

Can a Misdemeanor Be Expunged or Sealed in Maryland?

Yes. Misdemeanors can be expunged or sealed as long as the defendant has completed the required waiting period and the type of offense is eligible according to MD Code, Criminal Procedure, § 10-110. Eligible misdemeanors for expunction include first-time misdemeanors, dismissed charges, and acquitted charges. Violent and sexual offenses are not expungeable. There is no standard for granting expunction for multiple offenses due to varying court procedures. It applies in some cases according to the discretion of the court. Expunging a misdemeanor benefits defendants by removing the barriers to their employment, housing, and licensing opportunities.