Maryland Court Records

The Maryland court system is structured into four levels: two trial courts and two appellate courts. The trial courts in Maryland are responsible for considering evidence, making judgments based on facts, the law, and legal precedents. These courts include the circuit courts and the district courts.

Circuit courts handle more serious criminal cases, civil cases, juvenile matters, family law cases, and most appeals from the district court, orphans' courts, and certain administrative agencies. They also hear domestic violence cases.

Most people interact with the court system through the district courts. These courts handle motor vehicle and boating violations, misdemeanors, specified felonies, domestic violence and peace order petitions, small claims, and landlord-tenant disputes.

Maryland has two appellate courts: the Supreme Court of Maryland (the highest court) and the Appellate Court of Maryland (the intermediate appellate court). These courts review the actions and decisions of trial courts (district or circuit courts) to determine if the trial judge properly followed the law and legal precedents.

The orphans' court stands as a specialized court dealing with matters relating to wills, estates, probate matters, and limited aspects of guardianship.

Maryland courts handle about 1.2 million cases annually.

What Are the Types of Court Records In Maryland?

Court records are created in filings and other actions of the parties involved in cases and court staff. These records include documents, information, exhibits, and other data that the courts maintain in connection with cases. Each court in Maryland has a clerk who is tasked with maintaining the records of that court.

The following are specific records maintained by each court type in the Maryland court system:

• Supreme Court
• Opinions and Rulings: Final written decisions issued by the court in cases of significant legal or constitutional importance.
• Case Dockets: Detailed listings of filings, motions, and decisions in cases reviewed by the court.
• Disciplinary Records: Records of proceedings concerning attorney and judicial discipline, including outcomes.
• Administrative Orders: Policy decisions and rule changes that impact the operation of Maryland's judiciary.
• Petitions for Certiorari: Formal requests for the Supreme Court of Maryland to review decisions from lower appellate courts.
• Appellate Court
• Appellate Case Dockets: Index of cases appealed from lower courts, including all relevant documents and filings.
• Court Opinions: Legal interpretations and decisions issued by the court in response to appeals.
• Motions and Briefs: Documents filed by parties arguing points of law or fact in appellate cases.
• Oral Argument Records: Transcripts or summaries of oral arguments presented before the appellate bench.
• Circuit Courts
• Criminal Case Records: Records of serious criminal matters such as felony indictments, trials, and sentencing.
• Civil Case Records: Disputes involving contracts, property, torts, and other civil matters.
• Probate and Estate Records: Wills, estate administration, guardianship, and conservatorship documents.
• Family Law Records: Divorce, child custody, child support, and visitation orders.
• Juvenile Court Records: Matters involving delinquency, dependency, or child in need of assistance (CINA) cases.
• Protective Orders: Final and interim orders for protection in domestic violence or abuse situations.
• Land and Property Dispute Records: Civil litigation involving real estate boundaries, ownership, or use.
• Adoption and Name Change Records: Finalized legal name changes and completed adoptions.
• District Courts
• Misdemeanor and Traffic Case Records: Including DUI/DWI charges, speeding, reckless driving, and other citations.
• Small Claims Records: Civil disputes involving monetary claims up to $5,000.
• Eviction Records: Landlord-tenant cases involving nonpayment, lease violations, and possession actions.
• Minor Civil Cases: Lawsuits involving contract issues, replevin actions, and return of property valued below $30,000.
• Municipal and Ordinance Violations: Violations of local laws such as noise complaints or curfews.
• Parking and Local Citation Records: Records of parking tickets and municipal fine enforcement
• Orphans' Court
• Estate Administration Records: Includes documents related to the probate process such as petitions for probate, letters of administration, estate inventories, accountings, and distributions.
• Wills and Codicils: Official records of wills submitted for probate, including any amendments (codicils).
• Guardianship Records
• Claims Against Estates
• Caveat Proceedings
• Petitions and Orders for Judicial Relief

Are Maryland Court Records Public?

Most court records are considered public and accessible to anyone who makes a request online or offline. This is following the Maryland Public Information Act (MPIA), which ensures transparency by allowing the public to access court documents. However, the specific statutes governing public access to judicial records in Maryland are outlined under Maryland Rules 16-901 through 16-914.

However, records that have been shielded, sealed by court order, or expunged are unavailable to the public. Also, the following records are not open to the public, except with a special provision of the law or court order:

• Juvenile delinquency records
• Adoption records
• Income tax returns
• Guardianship terminating parental rights
• Action for judicial declaration of gender identity
• Financial statements filed in a case about spousal or child support
• Child in need of assistance cases
• Emergency mental health evaluations
• Reports filed by a guardian per the property or medical condition of an alleged disabled adult

Note that court records may also be sealed by Maryland courts to ensure that the information does not unfairly affect the parties involved, such as in instances where the case is under appeal or where the court deems it necessary to protect the interests of justice. Sealing may be allowed in instances where a case has been dismissed or where the defendant has been found not guilty.

How Do I Search Maryland Court Records?

You may access Maryland court records online and offline. Online access is available via the following methods:

• Maryland Judiciary Case Search: Also called Case Search, this system provides a summary of the contents in official court case files, allowing users to perform a search by providing the case number or party name. There is an advanced search feature on the system that allows users to filter search results by providing additional information, such as the court type, case type, county name, and case filing date, for better search results. Case Search provides access to traffic, criminal, and civil case records from the district court, as well as criminal and civil case records from the circuit court. Additionally, records from the Supreme Court of Maryland are available, covering matters such as petitions, appeals, attorney discipline, and judicial conduct cases.
• Maryland Electronics Courts: Known as MDEC, this system allows users to electronically view documents in a court case to which they are a party. Although the MDEC system is typically only available to attorneys, members of the public may request access subject to certain rules.

How To Retrieve Court Records Offline

If you want paper or certified copies of Maryland court records, you must visit the courthouses where the cases were heard. With a few exceptions, anyone may view court records in person at the office of the clerk. However, you will need to provide the office of the clerk with the case number of the record you intend to view. If you do not have the case number, providing the names of the parties involved in the case may help the clerk's office locate the record needed.

If you request a copy of the documents, a fee is required. Copying fees are typically about $0.5 per page, while records are certified usually at $5 per document. Note that some records may be provided on the same day, while others may take a few business days or a couple of weeks to process, depending on the volume of requests before the office of the clerk.

Can I Seal or Expunge a Maryland Court Record?

Maryland offers three forms of record relief to individuals: Expungement, Shielding, and Sealing. Expungement refers to the removal of the information about a case from court and law enforcement records. Records that may be expunged include court files, police files, and Motor Vehicle Administration files. Shielding removes criminal records from public view, including the Maryland Case Search system. It is used more for protective orders and peace orders, which are civil cases. However, a 2015 law allows shielding convictions for 12 specific crimes, including disturbing the peace and driving without a license. Sealing enables a party to a civil or criminal case to make part or all of their court record inaccessible to the public.

Typically, a criminal record is eligible for expungement if it did not lead to a conviction. Such records include where:

• A charge was postponed with a "stet"
• The individual was found not guilty
• An arrest that does not result in the filing of charges
• A nolle prosequi is entered
• A charge is otherwise dismissed
• The charge resulted in a probation before judgment
• The charge was settled
• The cases were juvenile waived
• The individual was convicted of only one non-violent criminal act and was granted a full and unconditional pardon by the Governor.

Also, to be eligible for expungement in Maryland, you must have completed your sentence, including any required supervision. The waiting periods for expungement vary based on the type of conviction:

• Misdemeanor convictions: 5 years.
• Some felony convictions, second-degree assault, and common law battery: 7 years.
• Convictions for first- or second-degree burglary and felony theft: 10 years.
• Domestically related convictions: 15 years.

Due to the changing laws on expungement, sealing, and shielding in the state, it is recommended that you consult with an attorney to determine if you are eligible before filing a petition.

You may file a petition for expungement in the court where the case was concluded. Any case resulting in acquittal, dismissal, nolle prosequi, or not guilty is automatically expunged after three years if no action is taken. However, you are not required to wait for the three-year period to elapse. You may petition for expungement using the applicable form: CC-DC-CR-072A (applicable for PBJ, stet, nolle prosequi, acquittal, dismissal, or not criminal responsible), CC-DC-CR-072B (applicable for guilty disposition), or CC-DC-CR-072C (applicable for not guilty, dismissal, acquittal, or nolle prosequi, with less than three years since disposition).

Note that there is no charge to expunge a record with a disposition of not guilty, dismissal, nolle prosequi, PBJ, stet, acquittal, or NCR. However, there is a $30 fee to file a petition for the expungement of records with a guilty disposition. Individuals who are unable to pay the filing fee may request a waiver by completing a CC-DC-089 (Request for Waiver of Prepaid Costs) form.

The expungement process in Maryland typically takes about 90 days from the filing of the petition. After the petition is filed, the State's Attorney's Office has 30 days to file any objections. If no objections are made within that period, the court will issue an order to the relevant agencies, giving them 60 days to comply with the expungement order. Once the process is complete, you will receive a Certificate of Compliance by mail. Expungements are managed by the Criminal Justice Information Service (CJIS), which processes them in the order they are received.

To file for sealing:

• Complete the CC-DC-053 (Petition to Seal or Otherwise Limit Inspection of a Case Record) form
• File the petition in person or by mail with the district court or circuit court where the case was heard
• Notify all concerned parties and other persons named in the case by sending them all the documents filed with the court.

When a motion to seal is filed, the records are automatically sealed for up to 5 business days. After this period, the court may issue a temporary order to shield the record until a hearing and final decision. If no temporary order is issued, the records become visible until the court rules on the motion.

Once the petition is filed, all parties involved may submit a response. In the district court, responses must be filed within 10 days, while in circuit court, the timeframe is 15 days. If there are objections, the court will hold a hearing and has 30 days after the hearing to make a decision. If the court seals the record, the entire case file cannot be accessed without the judge's approval. If the court restricts inspection, it will specify which parts of the record are not accessible to the public and the duration of the restriction.

If you plan to petition for shielding a record, you must use the CC-DC-CR-148 form (Petition for Shielding Under Maryland Second Chance Act). An MDJ-008 form (Notice Regarding Restricted Information) is also required in MDEC counties. There is no filing fee for filing a petition to shield records in Maryland.

How To Search Federal Court Records in Maryland

Records of the only federal court in Maryland (the district court for the district of Maryland) are available to the public online and offline. This court, with two divisions located in Baltimore and Greenbelt, handles cases such as criminal matters involving federal law violations, civil issues like patents or constitutional violations, and bankruptcy cases.

To obtain records of these cases and other case types heard in the federal court in the state online, visit the Public Access to Court Electronic Records (PACER) system. You will need to create a PACER account and pay a small fee to view pages ($0.10 per page). PACER allows users to access case dockets, file documents, and court opinions.

To access these records offline, you may visit the appropriate federal courthouse in Maryland, such as the U.S. District Court for the District of Maryland in Baltimore or Greenbelt. At the courthouse, you may request to view physical case files at the office of the clerk of the court. You will be required to provide relevant information to the search, such as filing date, case type, or party name.

How To Get Maryland Court Records Online for Free?

Anyone can access Maryland court records online for free via the Case Search system. To use this system, individuals must provide a case number or party name. Also, attorneys may use the MDEC portal to access court documents for free. Due to the public nature of most court records in Maryland, some court records may also be available on third-party databases. These platforms often compile public records from multiple sources, making it easier to locate case information. One such dependable third-party site is peoplerecords.us, which provides free access to various public records, including Maryland court records.