Are Prince George's County Records Public?

Yes. Under the Maryland Public Information Act (MPIA), any person has the right to inspect and copy public records without unnecessary cost or delay (Section 4-101 et seq). Per this Act, Prince George’s County "public records" include written materials, books, films, microfilms, drawings, photographs, maps, records, and tapes created or maintained by an agency in the course of transacting public business. Notwithstanding, certain records may be privileged by law and not open to the public.

To obtain or inspect any record, one is required to submit a written request to the specific agency in charge of the record in question. Notwithstanding, a public agency may provide alternative request methods, such as fax, online, and email. Regardless of the utilized method, requests must be as clear and specific as possible. An agency must respond to a request within 30 days. NB: the PIA is not binding in cases where a requested record had not been created or had already been destroyed at the time of a request. Some examples of public records include Prince George’s county court records, vital records, property records and criminal records.

What is Exempted Under the Maryland Public Records Act?

In an attempt to balance the public’s right to access governmental records with other policies that seek to safeguard confidentiality of certain information due to their sensitive nature, the MPIA allows agencies to deny certain record requests. In which case, the agency is obligated to notify a requester of the reasons for which their request was denied. While certain records are confidential under state or federal statute, records may be protected by court rule or common law privileges such as executive privilege and attorney-client privilege (GP §§ 4-304 to 4-327 (Part II), §§ 4-328 to 4-342 (Part III), §§ 4-301)).

In some cases, a confidential record remains accessible to a "person in interest," that is the record’s subject. Exempt records include:

• Adoption records
• Personnel records
• Portions of motor vehicle administration records that contain personal information
• Social security numbers
• Trade secrets
• Confidential commercial information
• Investigatory records
• Agency memoranda and letters
• Attorney work product
• Financial information

As applicable, entire records or portions thereof (redaction) may be withheld from public access. Aside from aforementioned reasons for exemptions, records are subject to discretionary disclosure, depending on if an agency determines that such disclosure would be "contrary to public interest". Examples of records that may fall under this category include investigatory records, records related to deliberative or pre-decisional actions or communication, and information related to licensing, employment, or academic examinations (GP§§ 4-343 to 4-357 (Part IV)).

If an agency denies a request, the requester has a right to administrative review of the decision. A record seeker may also challenge such a decision in court and if they prevail, provisions under the MPIA authorizes a court to award them any incurred litigation costs and attorney fees.

Prince George's County Public Records Search

There is no central agency for all public records in Prince George’s County. Individual agencies have specific offices/personnel responsible for records and public searches, as well as regulations and procedures that must be adhered to by record seekers. The most recent list of agency record custodians is available online. Researchers are advised to identify and contact the appropriate agency, as querying the wrong agency will most likely not yield the expected results.

An agency’s website is a good place to start, as they often contain valuable information on how to access their public records. Otherwise, a researcher may visit the agency during business hours with information about the needed record. Relevant details usually include a record bearer’s name, record identification numbers assigned by an agency, and dates. Inspection and copy fees may be required, depending on the agency.

In some instances, agencies in Prince George’s County allow people to make requests over the phone, by mail, fax, and email using information available on the agency’s website. Sometimes, an agency’s website may also feature a record search tool for finding records online. For an effective and efficient record search, ensure that the request is as specific as possible, as vague requests are often denied.

Find Public Records For Free in Prince George's County

Resources provided by a public agency are usually the most reliable free options. Despite offering free record access, agencies typically charge "reasonable fees" for copies. Provisions under the MPIA allow this. A completely free alternative are third-party websites. Note that some of these websites only offer limited information for free. Users are usually required to pay a fee for complete records.

These websites are recommended for wide searches involving multiple counties or the entire state, unlike agency websites that are limited to the specific agency’s records. This is so because third-party websites aggregate information from multiple agencies and/or counties. However, they are not reliable for official use, as they usually do not reflect real-time updates or changes to original records.

How to Remove Information From Public Records Free

A person may request that an agency in charge of a public record, to which they are a person in interest, removes them from public access. If the applicant meets all applicable criteria and the request is backed by strong reason, the records may be removed. For instance, a person may appeal to a court to have their case records "shielded" or "sealed". Similarly, people with criminal or arrest records may apply to have their record shielded or "expunged". These are some of the most common scenarios, although people often apply for record correction and/or amendment with other agencies.

A motion to seal a court record usually involves completing the designated form (form CC-DC-116) and submitting it to the court where the case was filed. Eligible applicants include case parties and authorized intervening parties. People can only petition the court to shield their criminal conviction record once in a lifetime. A person will not be eligible to shield their criminal record if:

• The involved crime was domestically related
• They are a defendant in an ongoing criminal case
• They have been convicted of another crime within the past three years

While shielding removes a record from public access, an expungement completely erases them from existing databases, including court files. In most cases, expungements are only granted if the criminal trial did not lead to a conviction. Convictions that qualify for shielding include the following: disturbing the peace, prostitution, driving while uninsured, trespass on posted property, failure to obey a lawful and reasonable order, and driving without a license. A person must complete and file a petition (form CC-DC-CR-148). There are no required filing fees.

Who Can Access Prince George's County Public Records in Maryland?

Any person (GP § 1-114). By "person," the MPIA refers to individuals as well as entities, including but not limited to citizens, corporations, private individuals, universities, public interest groups, and associations. While the general public is welcome to request public records in Prince George’s County, regulations may apply if a requested record is deemed confidential for any reason.

What Happens if I Am Refused a Public Records Request?

In Prince George’s County, scenarios that may result in a refused request include vague requests, requests sent to the wrong agency, and when the requested records are confidential. If an agency responds to a public record request with a denial notice, the notice usually contains the reasons for which the said request was denied, the legal authority justifying the denial, and a requester’s appeal rights.

A researcher who is dissatisfied with such reason(s) has the right to appeal for an administrative review or challenge the agency’s decision in court. If the applicant "substantially prevails" in court, the court may award such an applicant litigation costs and attorney fees incurred in the course of the proceeding. It shall also order the agency to release the record(s) in question.