Felony, Infractions, and Misdemeanors in Maryland

In Maryland, crimes are extensively categorized into three namely; 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 crime. Infractions are the least severe of all the 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 the Maryland law. Summarily, Maryland state crimes are tried on the basis of the aforementioned classification

What is a Felony in Maryland?

In Maryland, a felony is a crime that attracts more than one year prison sentence, they are the most serious of all crimes in Maryland. A defendant that is convicted of felony is referred to as a felon. The penalty for a felony ranges from one year term to life imprisonment or maybe even death, depending on the severity of the felony. However, a death penalty can only be imposed on felons who were above the age of 18 when the crime was committed. It must also be confirmed that the defendant does not have any existing mental issues that may have influenced their actions, hence, the crime.

In some felony cases, the prison term may be accompanied with some years of probation, or a weighty fine. In addition to this, convicted felons may forfeit some of their civil rights, such as; the right to hold public office as a U.S. citizen, the right to join the armed services, and the right to 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 they do not carry equal weight. While some are very 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 conviction took place under the Maryland Judiciary System. Removal, also know as expungement, is not available to ex-convicts convicted for offenses like, homicide, human trafficking, official misconduct, and sex crimes. These offenses and every other severe felonies are not eligible for expungement or sealing. To qualify for expungement, a person has to be confirmed to be of good standing and must also have spent a certain number of years since the completion of jail term without any conviction. He/she must also have served all the penalties of the crime that was committed and must not have any pending charges. The expungement process mostly takes around 90 days to be completed if it is not challenged by prospectors.

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 can be used more than once for civil, criminal, and traffic cases. If sealing of records is approved by the court, the court may either seal the whole case record only to be opened with the judge’s permission, or may restrict access and state the parts of the record that may be viewed by the public, and for how long. Both expungement and sealing are means by which an individual that was once convicted of a crime, can seek to have the crime removed from his criminal records.

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

In Maryland a felony stays in records for a period of 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, there are some crimes that 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 that are punishable by up to one year in prison. They are less severe than felonies but more severe than infractions. All misdemeanors crimes do not carry the same weight, some misdemeanor crimes attract more penalties than others. The Maryland Judiciary System determines the weight of penalty that will 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 of the crime and the circumstances that surround the crime.

Misdemeanor crimes mostly involve crimes against the public, where minor injury is incurred. Penalties for misdemeanors in Maryland can be as high as ten years 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 his/her prison or probation term, and any other penalties that may have been imposed on them, before they can appeal for a removal. It is necessary that an individual who intends to appeal for removal should be on good standing and also make positive impacts in his/her 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. It is not the category of the case that determines if the case can be expunged, but it is the outcome of the case that determines this. This means that if an individual is confirmed not guilty of a misdemeanor crime, and the case is dismissed or acquitted, he/she has a higher chance of getting the record removed rather than an individual who is charged 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 his/her 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 is a violation of 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 both as a criminal and civil offense, but some municipal codes specify that an offense deemed to be a municipal infraction cannot also 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 as regards an activity affecting the neighborhood. It could also be referred from a staff or officials, or identified by code enforcement officers directly. Arrest takes place immediately after a municipal infraction is identified after which the offender will be charged to 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 the violation of a civil law or statute. These laws could either be 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 drivers license if it is a violation of traffic laws. A Municipal infraction does not require long court procedures during trial, neither is the defendant entitled to a state appointed attorney. Court hearings take place at the local city court or a state district court depending on where the infraction transpired. Common examples of infractions in Maryland are speeding and noise violations, littering, failure to wear a safety belt, 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 a 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 and as such, 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 violation, and other minor violations. Traffic infractions on the other hand are recorded in the offender’s driving record. Only individuals that 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 are required to file a petition for expungement with the court where conviction took place.