Felony, Infractions, and Misdemeanors in Maryland

In Maryland, crimes are extensively categorized into felonies, misdemeanors, and infractions. The categorization is done based on the severity of the crime committed, the extent of damage or injury inflicted on the victim, and the nature of the crime. Infractions are the least severe of all three crimes. Therefore, they mostly do not carry a prison term. Instead, a fine is imposed on the offender. A misdemeanor is more severe than an infraction but less severe than a felony. A felony is the most severe crime in Maryland and is punishable by several years in prison according to Maryland law. Summarily, Maryland state crimes are tried based on the aforementioned classification.

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 hold public office as a U.S. citizen, join the armed services, and vote. Felonies in Maryland vary in severity, even though there is no specific classification of felony crimes. Common examples of felonies in Maryland and the penalties they carry 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 up to $500.
• Carjacking—Up to 30 years in jail.

What Are Some Examples Of Felonies In Maryland?

Felonies in Maryland are not classified but do not carry equal weight. While some are severe and may attract life imprisonment, others are less severe. Examples of felonies in Maryland include:

• 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, a felony may be removed from a court record in Maryland if permitted by the court where the conviction took place under the Maryland Judiciary System. Removal, also known as expungement, is not available to ex-convicts convicted for offenses like homicide, human trafficking, official misconduct, and sex crimes. These offenses and other severe felonies are not eligible for expungement or sealing. To qualify for expungement, the individual should be confirmed to be of good standing and should also have spent a certain number of years since the completion of a jail term without conviction. They should also have served all the penalties for the crime committed and not have any pending charges. The expungement process mostly takes around 90 days to be completed if the prosecutors do not challenge it.

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 that allows a person to appeal to a court for the removal of certain types of police records that did not result in a conviction, although certain types of conviction records may also be expunged. On the other hand, sealing of court records restricts access to only a portion of the record such as orders, court papers, notices, and other records on a case.

Unlike expungement, sealing may be used more than once for civil, criminal, and traffic cases. If the court approves the sealing of records, it may either seal the whole case record, only to be opened with the judge’s permission, or restrict access and state the parts of the record that the public may view and for how long. Both expungement and sealing are means by which an individual, once convicted of a crime may seek to remove the crime from their criminal 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 weight of the penalty to be meted out to a misdemeanor offender. Classification of misdemeanors crimes is done based on the extent of damage or injury suffered by the victim and the circumstances surrounding the crime.

Misdemeanor crimes mostly involve crimes against the public, where minor injury is incurred. Penalties for misdemeanors in Maryland may be as high as a ten-year prison sentence and as low as ninety days imprisonment or less. The court may also impose a fine in addition to the prison sentence or as an alternative to it. Fines for misdemeanors vary between $500 to $5000. Other penalties include; loss of one’s driver’s license, loss of a state or government job, loss of a professional license, and 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 substance
• 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, before they can appeal for a removal. An individual who intends to appeal for removal must 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; some are not. The category of the case does not determine whether the case is expunged; it is the outcome of the case that determines this. If an individual is confirmed not guilty of a misdemeanor crime and the case is dismissed or acquitted, they have a higher chance of getting the record removed than someone found guilty of a crime.

Can a DUI Record Be Expunged in Maryland?

In most cases, a Driving Under Influence (DUI) or DWI crime in Maryland may not be expunged. DUI offenses may be expunged from criminal records if the offender is eligible to have their conviction expunged. A DUI offense that is dismissed, or nolle prosequi by the state’s attorney may be eligible for expungement. However, if a DUI offender is placed on probation before judgement or he/she is proven guilty, then expungement may be impossible. DUI convicts are often penalised with fines, suspension of driver’s license, probation, and perhaps a jail term.

What is a Municipal Infraction in Maryland?

A Municipal infraction in Maryland violates local laws or regulations concerning land use, traffic, zoning, and general civil laws. Hence, it is considered a civil offense. Infractions are minor offenses that may not be recorded as crimes, unlike other types of offenses in Maryland, namely felonies and misdemeanors. They are the least severe of all offenses in Maryland, and in most cases, they do not result in a jail term, but a fine and other minor penalties like community service may apply. 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 trial process for a Municipal infraction is defined by the Maryland Local Government Code Ann., §§6–103 through 6–107. 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 official 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 involves violating a civil law or statute. These laws could be either traffic laws, land use laws, laws that guide pet ownership, and so on. Municipal violations mostly attract light penalties like nominal fines, community service, or suspension of a driver's license if they violate traffic laws. A Municipal infraction does 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, littering, failure to wear a safety belt, and disobeying traffic laws.

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, littering, noise violations, and other minor violations. 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.