Felony, Infractions, and Misdemeanors in Maryland

In Maryland, crimes are extensively categorized into felonies, misdemeanors, and infractions. The categorization depends on the following factors:

• The severity of the crime.
• The extent of damage or injury inflicted on the victim
• The nature of the crime.

Infractions are the least severe of all three crimes. Crimes under this category do not carry prison terms but may attract fines. In contrast, misdemeanors are less severe than felonies and may attract both prison terms and fines. A felony is the most severe crime in Maryland and is punishable by several years in prison, according to Maryland law.

Note: Maryland state crimes are tried based on the aforementioned classification. Beyond record classification, Maryland law prescribes statutes of limitations that set filing timelines for charges in the state.

What is a Felony in Maryland?

In Maryland, a felony is a crime that attracts more than a one-year prison sentence; they are the most serious of all crimes in Maryland. A defendant convicted of a felony is referred to as a felon. The penalty for a felony ranges from a one-year term to life imprisonment or even death, depending on the severity of the felony. However, the death penalty may only be imposed on felons who were above the age of 18 when the crime was committed. It should also be confirmed that the defendant has no existing mental issues that may have influenced their actions, hence, the crime.

In some felony cases, the prison term may be accompanied by some years of probation or a hefty fine. In addition, convicted felons may forfeit some of their civil rights, such as the right to vote or bear arms.

Common examples of felonies in Maryland and their corresponding penalties include:

• First-degree murder: Life imprisonment or the death sentence.
• Rape in the first degree: Minimum sentence of 25 years in jail and up to life imprisonment.
• Aggravated assault: Up to 25 years in jail.
• Manslaughter: Up to 10 years in jail or 2 years in a local correctional facility and a fine of up to $500.
• Carjacking—Up to 30 years in jail.

What are Some Examples of Felonies in Maryland?

Examples of felonies in Maryland include the following:

• First-degree murder
• Second-degree murder
• Robbery
• First-degree assault
• Rape
• Fraud
• Burglary
• Arson
• Drug possession with intent to distribute
• Carjacking
• Manslaughter
• Kidnapping

Can I get a Felony Removed from a Court Record in Maryland?

Yes. Under the Maryland Judicial System, offenders can remove felonies from court records via expungement or sealing. Nevertheless, not all crimes can be expunged; the state prevents the expungement of severe crimes like murder and human trafficking. These offenses and other severe felonies are not eligible for expungement or sealing.

To qualify for expungement, the offender is typically required to have completed the court sentence and have no pending charges. Offenders are also required to be of good moral conduct post-conviction. It typically takes 90 days to complete the expungement process, provided there are no objections from the prosecutor.

Is Expungement the Same as Sealing Court Records in Maryland?

No, expungement is not the same as sealing records in Maryland. Expungement is a process for completely destroying non-conviction records and certain types of criminal conviction records. On the other hand, sealing of court records restricts access to only portions of court records like the following:

• Court orders
• Court papers
• Notices and other records on a case.

Unlike expungement, sealing may be used more than once for criminal and civil cases. If the court approves sealing the record, the court may take any of these actions:

• Seal the whole record
• Seal the record and allow it to be viewed by persons backed by a court order.
• Restrict access and state the parts of the record that the public may view and for how long.

Both processes are means via which convicted persons can remove criminal information from public records.

How Long Does a Felony Stay on Your Record in Maryland?

In Maryland, a felony stays in records for 10 to 15 years, after which an individual may appeal for expungement or sealing. If an individual does not appeal for expungement, the record may remain there for life. However, some crimes remain in records whether an individual appeals for expungement or not.

In very rare cases, the court may dismiss the crime without any appeal, depending on the felony committed and the circumstances that surround it.

What are Misdemeanors in Maryland?

Misdemeanors in Maryland are crimes punishable by up to one year in prison. They are less severe than felonies but more severe than infractions. All misdemeanor crimes carry the same weight; some misdemeanor crimes attract more penalties than others.

The Maryland Judiciary System determines the severity of the penalty meted out to a misdemeanor offender. The system classifies misdemeanors and imposes penalties by considering these factors:

• The extent of damage or injury suffered by the victim
• The circumstances surrounding the crime.

Misdemeanor crimes mostly involve crimes against the public, where minor injury is incurred. The sentencing range for misdemeanors is between 90 days and ten years in prison. Note that a convicting court may impose fines between $500 and $5,000. Offenders may receive the option to pay fines in lieu of a prison sentence. There are also instances when the court applies fines and imprisonment to offenders.

Misdemeanor offenders may also face penalties, such as the following:

• Loss of driver’s license.
• Loss of professional license.
• Loss of the ability to run for public office.

What are Examples of Misdemeanors in Maryland?

Examples of misdemeanors in Maryland include:

• Possession of marijuana or other controlled substances
• Theft of property or services valued at less than $1,000
• Assault in the second degree
• Stalking
• Theft of property or services valued at less than $1,000
• Misuse of electronic mail (harassment by email)
• Harassment
• Reckless driving, and
• Driving under the influence
• Carrying a firearm without a license
• Carrying a concealed dangerous weapon.

Can I Get a Misdemeanor Removed from a Record in Maryland?

Yes, a misdemeanor offense may be removed from records in Maryland. The law permits the removal of some misdemeanor offenses from records if the defendant is qualified for expungement or sealing. Nevertheless, such an individual is required to have completed their prison or probation term and any other penalties that may have been imposed on them. An individual who intends to appeal for removal is typically required to be in good standing and positively impact their community. This is to prove that such an individual is no longer a threat to the community.

Not all misdemeanors are open to expungement. The misdemeanor case outcome determines if the offender can file for expungement. Offenders have a higher chance of expunging misdemeanor charges if:

• The case was dismissed or acquitted.
• They were of good moral conduct after completing the court sentence.

Can a DUI Record be Expunged in Maryland?

In Maryland, offenders may expunge DUI cases under these conditions:

• The DUI offense was dismissed.
• The state prosecutor dropped the case.

However, expungement is not possible if a DUI offender is placed on probation before judgement or he/she is proven guilty. DUI convicts often receive penalties like fines and suspension of their driver’s license.

What is a Municipal Infraction in Maryland?

In Maryland, a municipal infraction is a violation of local laws or regulations, such as traffic and general civil laws. Hence, it is considered a civil offense. Unlike felonies and misdemeanors, the state may not classify infractions as criminal offenses. They are the least severe of these crimes and may attract minor penalties like community service and fines.

However, the state law doesn’t specify that the same offense cannot be punished as a criminal or civil offense. Still, some municipal codes specify that an offense deemed a municipal infraction cannot be defined as a criminal violation.

The Maryland Local Government Code Ann., §§6–103 through 6–107 defines the trial process for a municipal infraction. It mostly begins with a complaint by a person or group to the local government regarding an activity affecting the neighborhood. It could also be referred to by a staff member or identified by code enforcement officers. An arrest occurs immediately after a municipal infraction is determined, after which the offender may be charged in court. Generally, a municipal infraction is enforced by the local and state police in Maryland.

What Constitutes A Municipal Infraction In Maryland?

In Maryland, a municipal infraction is a violation of civil law or statute, such as the following:

• Traffic laws
• Land use laws
• Pet ownership laws.

Municipal violations mostly attract light penalties like nominal fines or suspension of a driver's license. That being said, municipal infractions do not require long court procedures during trial, nor is the defendant entitled to a state-appointed attorney. Depending on where the infraction transpired, court hearings are typically held at the local city court or a state district court. Common examples of infractions in Maryland are speeding and noise violations.

What Are Some Examples Of Infractions In Maryland?

An infraction is also known as a petty offense that arises from the violation of a state law, regulation, ordinance, or municipal code. Examples of infractions in Maryland include:

• Noise pollution
• Boating violations
• Failure to wear a safety belt
• Failure to use proper child restraints
• Traffic violations
• Littering
• Fishing without a license
• Building permit violations
• Jaywalking
• Drinking in public
• Operating a business without a proper license
• Speeding beyond limits
• Disturbing the peace
• Walking an unleashed pet
• Campsite violations
• Violating a traffic control device
• Failure to yield the right-of-way
• Making an illegal U-turn
• Harboring non-vaccinated dogs
• Minor in possession of tobacco

Can Infractions be Expunged from a Maryland Criminal Court Record?

Infractions are not criminal offenses. In most cases, they are not recorded as crimes in a criminal court record. That being said, infractions that make it to criminal court records may be expunged if eligible. The law also permits case dismissals for infractions like boating violations and littering.

Traffic infractions, on the other hand, are recorded in the offender’s driving record. Only individuals who have paid their fines and completed the assigned community service (if applicable) may be eligible for expungement, if the court authorizes it. Court records are not automatically expunged; eligible individuals may file a petition for expungement with the court where the conviction took place.

What is Deferred Adjudication in Maryland?

Unlike other US states, Maryland court judges may issue a probation before judgment when a defendant pleads guilty or no contest to the court ruling. The procedure allows the defendant to avoid a prison sentence and subsequently dismiss the court conviction from their record. Defendants are typically required to fulfill the requirements of the program so as to have the court dismiss the case.

Note that the court will only grant probation before judgement to defendants under these conditions:

• The defendant is a first-time offender.
• The defendant is not on trial for serious felonies or violent crimes.

Nevertheless, the court judge is solely responsible for determining who is eligible for probation before judgment.

Types of Crimes Eligible for Deferred Adjudication in Maryland

Under MD Code, Criminal Procedure, § 6-220, specific crimes are not eligible for deferred adjudication. These crimes are often of severe consequence to properties and lives. For instance, persons convicted of murder or aggravated sexual offenses may not receive probation before judgment.