Are Criminal Records Public In Maryland?

In Maryland, criminal records are classified as public records and hence subject to disclosure. The Maryland Public Information Act authorizes relevant agencies to provide access to the public for inspection and copying of criminal records. Persons, third parties, and state agencies seeking information about the criminal history of an individual have the right to obtain the necessary information.

However, criminal records that have been expunged or placed under a restriction are prohibited from public access. Copies of criminal records in Maryland are maintained in the Criminal Justice Information System (CJIS) repository of the Department of Public Safety and Correctional Services.

What Is Included In A Criminal Record In Maryland?

A criminal record is an official document containing all non-expunged criminal activities of the record’s subject. It includes information from the Maryland Judiciary Case Search, a record of arrests, and prosecutions. The information contained in the record is as collated by local and state law enforcement agencies in Maryland.

Details of a criminal record include:

• Subject’s full name
• Subject’s date of birth
• Subject’s physical information, such as hair color, eye color, tattoos, etc.
• Details of previous arrests or citations
• Mugshots
• Fingerprints
• Unresolved charges

How To Look Up My Criminal Record In Maryland?

Criminal records are maintained and provided by the Maryland Department of Public Safety and Correctional Services (DPSCS). Persons who seek to look up their criminal records may find them at the Criminal Justice Information System (CJIS) section of the DPSCS. Criminal records maintained by the CJIS includes all criminal records held by local law enforcement agencies in the counties, sheriffs, and courts.

To obtain a copy of criminal records, the subject must provide a set of fingerprints to the CJIS. Individuals may get fingerprinting done at any of the CJIS-authorized fingerprinting locations and private-service providers. Fingerprinting usually costs $20 but vary at private service providers. Persons living outside Maryland may request a fingerprint card by calling the CJIS Central Repository in Baltimore City at (410) 764–4501 or the toll-free line at 1–888–795–0011. Individuals may also obtain a fingerprint card by writing:

Criminal Justice Information System
Central Repository
P. O. Box 32708
Pikesville, Maryland 21282–2708

The completed fingerprint card and the associated fee should be mailed to the address above:

Criminal Justice Information System - Central Repository
6776 Reisterstown Road, Suite 102
Baltimore Maryland 21215 - 2346

The included check must be made out to the CJIS Central Repository. The Central Repository of the CJIS does not accept cash or money order. Made-out checks to the Repository are electronically processed. The CJIS charges $18 for a criminal record and $19 for a criminal record with Gold Seal. Upon receipt of a fingerprint card, a response from the CJIS may be expected within 10–15 days. Note that the CJIS will not accept fingerprint cards from other states or the FBI. Persons seeking employment or licensing within Maryland must use the fingerprint cards supplied by their employer or licensing agency. Such individuals are also advised to have the employer’s or licensing agency’s authorization number handy.

For more information or to check the status of a criminal history record information request, contact the CJIS Call Center at (410) 764–4501 or 1–888–795–0011. Calls may be made Monday through Friday between 8:00 a.m. and 5:00 p.m.

How Can I Obtain My Criminal Record For Free In Maryland?

Other than criminal justice agencies, the Central Justice Information System (CJIS) makes no provisions for obtaining official Maryland criminal records for free. Obtaining criminal records attract a fee of $18 exclusive of a fingerprinting service fee of $20.

Some Sheriffs’ Offices in Maryland offer fingerprinting services that electronically submit fingerprints to the Maryland Criminal Justice Information System Central Repository. The service comes at varying fees from the various sheriffs’ offices. Persons are required to bring a valid form of identification with a photo, such as a state-issued identification card or a driver’s license. Note that obtaining a copy of the criminal record still attracts a fee.

How To Search Criminal Records Online In Maryland?

The Central Repository of the CJIS, the custodian of criminal records in Maryland, does not provide online access for the public to access criminal records. However, individuals may use the case search tool provided on the Maryland Judiciary website to access records of criminal proceedings from courthouses in the state.

The case search tool uses the Maryland Electronic Court (MDEC) system, a statewide case management system with the capability to search criminal records from all four levels of courts; Court of Special Appeals, Court of Appeals, District Court, and Circuit Court. Note that records of criminal proceedings can also be searched using the public access terminals in the courthouses in Maryland.

To find criminal record proceedings through the Maryland Judiciary Case Search tool, users must provide the subject’s name. The tool provides other filter options such as court system, county, filing date, and court type (trial/appellate) to find the exact records. Criminal records accessed via the search tool may not be considered official court records and do not suffice in place of official criminal records. Note that records of cases that were recently resolved or currently pending may not appear in the Maryland Judicial Case Search database.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How To Get Criminal Records Expunged In Maryland?

Eligible Maryland citizens may appeal to have their criminal records expunged under the Maryland Code, Criminal Procedure § 10–110. In Maryland, expungement is a process that permits an ex-offender to ask the court to remove some or all of a subject’s criminal record from court or law enforcement records. Usually, expungement in Maryland applies to records that do not result in a conviction. However, certain types of conviction may also qualify for expungement.

Persons arrested on or after October 1, 2007, but not charged with a crime, will have their records automatically expunged within 60 days of release from custody. However, persons arrested before that date must petition the arresting agency for the expunction of such records. The Maryland Code requires that the petition be made no later than eight years after the date of the incident.

Persons arrested and charged with an offense but not convicted may petition for an expunction if:

• Charges were dismissed.
• Charges were dropped by plaintiff or prosecutor (nolle prosequi)
• They were determined not guilty by a judge or jury.
• The court indefinitely postponed the case, or the district attorney failed to prosecute the case (“stet docket”)
• A plea bargain settled the case
• They were placed on probation without judgment except in DUI/DWI cases.
• The Governor granted them a pardon.
• The case started in an adult court but was later moved to a juvenile court.

Maryland citizens with criminal records cannot petition for expungement if:

• They have received a probation before judgment (PBJ) and have a subsequent conviction within three years of the PBJ other than a minor traffic infraction.
• Individuals who are still a defendant in a criminal case are also ineligible for expunction.
• They were convicted of a crime during the waiting period except if the last conviction becomes eligible for expunction.

Note that persons who were charged with more than one offenses stemming from the same incident or set of facts may only have records from that case expunged if all the charges from the incident are eligible for expunction. The only exception to this rule (referred to as the Unit Rule) is minor traffic infractions. Generally, a minor traffic violation does not affect a person’s ability eligibility to obtain an expunction of other related records.

Maryland ex-offenders found guilty of eligible charges may request expungement after the expiration of the statute of limitations on the offense. The statute of limitations on eligible offenses listed below is usually three years from the guilty conviction or the satisfactory fulfillment of the sentence or probation, whichever is later. Eligible offenses include:

• Loitering
• Vagrancy
• Panhandling
• Sleeping on or in park structures
• Riding a transit conveyance without paying the applicable fare
• Obstruction the free passage of another person in a public place
• Drinking an alcoholic beverage in a public area
• Urinating or defecation in a public place
• Certain types of transportation charges, as stated in the Maryland transportation code (Transportation § 7–705).

Persons found guilty of the under-listed charges may petition for an expunction no less than ten years after the guilty conviction or the conclusion of the sentence, or a probationary period, whichever is later:

• Illegal manufacturing, distributing or dispensing of a CDS
• Breaking into a motor vehicle
• General theft
• Disorderly intoxication
• Illegal dumping and littering
• Disturbing the peace and disorderly conduct
• Possession of a controlled dangerous substance
• Use or possession of drug paraphernalia

The statute of limitations for the under-listed offenses is fifteen years after conviction or fulfillment of the terms of the associated sentence, whichever is later:

• Violation of an interim peace order
• Assault in the second-degree
• Burglary in the first, second, or third-degree
• Felony theft
• Failure to comply with a protective order
• Possession with intent to distribute or dispense a controlled dangerous substance.

The full list of expugnable charges is published under Article § 10–110 of the Maryland Code of Criminal Procedure. The procedure of getting a criminal record expunged in Maryland begins with the applicant completing a Petition for Expungement of records form. Maryland has two separate kinds of expungement forms for petitioners:

• Form CC-DC-CR–072A must be used for expungement of acquittals, dismissals, probation before judgment, nolle-prosequi, stet, and other not-criminally responsible dispositions.
• Form CC-DC-CR–072B must be used for expungements of eligible guilty dispositions.

Copies of both forms may also be obtained from any of Maryland District Court or Circuit Courts. The same form is used in the District and Circuit Courts. Applicants may need to obtain their criminal records from the CJIS to complete the application form correctly.

Persons applying with Form CC-DC-CR–072A are not required to pay any processing fee. However, ex-offenders who apply with Form CC-DC-CR–072B must pay a non-refundable fee of $30. Note that the $30 fee is for each case, and not each charge within a unit of the case.

Individuals who cannot afford the fee may request a waiver. To access a waiver, applicants must complete and submit the General Waiver and Release Form along with their application. The General Waiver and Release form is required if an applicant’s petition is based on acquittal, a nolle prosequi, or dismissal and is intended to be filed within three years of the disposition. The form releases all persons and agencies from any claims regarding an arrest or detention.

Completed forms must be filed with the clerk in the court where a case was resolved. Persons with multiple cases in different courts have to file a separate petition in each court. The application must include extra copies for the State Attorney and each law enforcement agency named in the petition. After filing a petition with the State Attorney, the petitioner receives notification within 30 days if there is an objection. Maryland law expects the entire expungement process to be completed within 90 days but may take a longer period to conclude.

Note that expungement in Maryland is different from shielding. Shielding is the process that makes criminal records unavailable in searches done on the Maryland Judiciary Case Search system. In other words, shielding makes a criminal record unavailable to the public. Maryland ex-offenders are only granted one shielding petition over a lifetime.

To be eligible for shielding, three years must have passed after an individual has fully satisfied the sentenced imposed for all convictions for which shielding is requested, including probation, parole, or mandatory supervision. Eligible persons are only permitted to:

• Petition only one court (either a District Court or Circuit Court)
• File a shielding petition in only one county
• Include all eligible convictions on one petition. That is, all qualifying convictions from one court in one county on one petition.

The court will not accede to a shielding request if:

• Other convictions in the “unit” or set of related charges do not qualify for shielding.
• The petitioner has been convicted of a new crime during the three-year waiting phase.
• The conviction for which shielding is requested was for a crime that is “domestically-related.”
• The petitioner is a defendant in a current criminal matter.

Who Can See My Expunged Criminal Record In Maryland?

Under the Maryland Code, Criminal Procedure § 10–110, a criminal record that has been expunged or shielded is no longer accessible to the public. However, the criminal record remains fully available to law enforcement officers, current and potential employers that are authorized or required by law to conduct background checks, and other law enforcement agencies.

An expunged record may have been deleted from the CJIS database and Maryland Judiciary case search archives, however, the record remains in other federal and private repositories. A few federal organizations such as FBI keep databases which are not subject to Maryland laws. Also, third-party repositories that collate Maryland criminal records are not covered by the state expungement laws and may retain criminal records even after a criminal record has been expunged.