Maryland Criminal Records

According to recent crime data published by the Maryland Department of State Police, Maryland has a total crime index of 2,413.7 per 100,000 population, with a violent crime rate of 453.4 incidents per 100,000.

Maryland criminal records are official documents that detail an individual's interactions with law enforcement and the state's criminal justice system. These records, which include police reports, arrest records, warrants, court dispositions, sentencing information, and incarceration records, are maintained by various agencies, including the Maryland Department of State Police, local police departments and sheriff's offices, and the state's circuit and district courts. However, the Maryland Department of Public Safety and Correctional Services (DPSCS) serves as the primary statewide repository for criminal history record information in Maryland and is responsible for providing authorized entities access to this information.

Are Criminal Records Public in Maryland?

Criminal records are generally considered public information in Maryland and may be accessed by interested parties under the Maryland Public Information Act (MPIA). However, there are significant exceptions/restrictions to this accessibility, depending on the specific type of criminal record. For instance, criminal history record information maintained by the DPSCS is not public and may only be accessed by criminal justice agencies and authorized non-criminal justice agencies and individuals (including the subject of record), for specific purposes.

Similarly, juvenile records and records that have been shielded are generally confidential and not open to public inspection. Other criminal records/information that are typically restricted from public access include records about ongoing criminal investigations and information that would jeopardize public safety if released, such as extreme risk protective orders.

How To Look Up Criminal Records in Maryland?

The Maryland Department of Public Safety and Correctional Services (DPSCS), through its Criminal Justice Information System - Central Repository, provides access to official criminal history record information to authorized entities for specific purposes. These include employment and licensing background checks, criminal justice administration, immigration purposes, and personal record reviews.

The specific procedures for accessing these records vary depending on the purpose of the background check but generally require the requester to submit the fingerprints of the subject of the background check through an authorized fingerprinting services provider. Note that the DPSCS does not accept fingerprint cards from other states and/or the FBI. As such, out-of-state individuals who wish to access copies of their own criminal record for immigration or personal record review purposes must request a fingerprint card from the department by submitting a Fingerprint Card Order Form via fax to (410) 653-6320 or by mail-in to:

Other categories of requesters may also be required to complete an appropriate registration form before they may access criminal history record information from the DPSCS. These include:

• An Application to Receive Criminal History Record Information for Employment or Licensing Purposes - this is required for government agencies, child care, adult dependent care, and public housing providers.
• A Private Party Petition Packet - This is required for non-governmental employers, employment agencies, housing providers, membership associations, and similar entities.

The completed forms may be submitted to the DPSCS via the fax and mail options listed above or delivered to:

The cost of obtaining a criminal record from the DPSCS varies depending on the requester/reason for the request and may range from $15 - $50; some requests (usually from criminal justice agencies) may also be handled at no cost. Requests are typically processed within 10-15 days. You may contact the CJIS customer service at (410) 764-4501 or toll-free number 1-888-795-0011 for more information/assistance.

How To Search Maryland Arrest Records?

Arrest records in Maryland are primarily generated and maintained by local law enforcement agencies, such as police departments and sheriff's offices, within their respective jurisdictions. Additionally, the Maryland Department of State Police oversees and maintains arrest records for incidents involving state law enforcement. A typical Maryland arrest record contains details like:

• The name, age, and physical description of the arrestee
• The date, time, and location of the arrest
• Details on the specific offenses or alleged crimes that led to the arrest
• The agency that handled the arrest, including the name of the arresting officer
• Booking information, such as mugshots, fingerprints, and the booking number

Maryland arrest records can usually be accessed by contacting the specific law enforcement agency that handled the arrest. Note that you may be required to submit an official public information request to the agency to obtain copies of these records; fees may also apply. Some agencies provide limited online access to recent arrest information or incident reports on their official websites. You may also access information on arrests where formal charges were filed and the case proceeded to court online using the Maryland Judiciary Case Search platform.

How to Search Maryland Warrants?

Warrants in Maryland are legal documents issued by judges and magistrates (or a duly authorized designee like a district court commissioner) that authorize law enforcement to perform specific actions, such as making an arrest, conducting a search, or seizing property. These warrants include:

• Arrest warrants authorize the arrest of an individual suspected of committing a crime.
• Search warrants authorize law enforcement to search a specific location for evidence related to a crime and also seize items discovered in these locations where necessary.
• Bench warrants authorize the apprehension of an individual who fails to appear for a scheduled court hearing or violates a court order.

Once a warrant is issued in Maryland, it typically remains active until the subject of the warrant is apprehended or the warrant is recalled/canceled by the issuing court. However, search warrants are only valid for 10 days from the date of issuance and have to be served/executed during this timeframe.

You can typically access warrant information in Maryland by contacting the relevant law enforcement agency (the agency you believe obtained the warrant) or the court that may have issued it. Some counties (usually through their respective sheriff's offices) also offer online databases that may be used to get information on active warrants.

Can I Obtain a Maryland Criminal History Record of Another Person?

Access to another person's official criminal history record in Maryland is restricted to authorized entities for specific purposes, such as employment background checks conducted by employers with statutory authority, licensing agencies, and law enforcement investigations.

Notwithstanding this, certain conviction information (of other individuals) may be accessible through the Maryland Judiciary Case Search platform. Note that information obtained via this platform should not be used in place of an official criminal background check.

How To Expunge or Seal Maryland Criminal Records

Maryland offers two primary mechanisms for clearing criminal records: expungement and shielding.

• Expungement: This involves the permanent removal of criminal records from public access, effectively erasing them from court and law enforcement databases. Once a record is expunged, it is treated as if it never existed in the eyes of the law (however, it may still be accessible to certain criminal justice agencies under limited circumstances). This process is usually available for non-conviction records, as well as certain nuisance crimes, misdemeanors, and felonies (in rare instances).
• Shielding: This restricts public access to the record, similar to "sealing" in other states. Once a record is shielded, it will no longer be visible to the general public during routine background checks but will remain accessible to law enforcement and certain employers with specific statutory authority. Shielding is usually limited to conviction records (mostly misdemeanors). Several records (from one court, in one county) may be shielded at the same time; however, a shielding request may only be granted once in a person's lifetime.

It should be noted that certain records are deemed ineligible for expungement or shielding. These include:

• Convictions for violent crimes and sexual offenses
• DWI and DUI offenses
• Convictions for domestically related crimes
• Cases with pending charges

You will typically need to file a petition with the court of jurisdiction to initiate the record expungement or shielding process (forms are available on the Maryland Judiciary's Court Forms webpage). Be aware that you must have completed a mandatory waiting period before filing this petition - this may range from three years to 15 years, depending on the type of record. You must also have remained crime-free during this waiting period.

There is a $30 filing fee for expunging conviction records, while non-conviction records and record shielding may be filed at no cost. If filing for an expungement, you will be required to serve a copy of the petition to the State Attorney's Office, who will be given 30 days to file an objection. Once all papers have been filed, the court will review the petition (and may also hold a hearing). If approved, the court will issue an order to all involved parties to expunge/shield the record.

What Are the Limitations to Use of Criminal Records for Employment, Licensing, and Housing in Maryland?

Several federal and local laws place limitations on how criminal records may be used for employment, licensing, and housing in Maryland. These include the Fair Chance Act, which prohibits federal agencies from asking about criminal history information before extending a conditional job offer, and the Maryland Criminal Record Screening Practices Act, which imposes similar restrictions for employers with 15 or more employees. Maryland also restricts the types of criminal history information that companies may post to consumer reports by prohibiting the inclusion of non-conviction and expunged records in these reports.

In addition, licensing boards are required to consider the relevance of a criminal conviction to the profession and assess factors like the nature and seriousness of the crime, the time elapsed (since the conviction), and evidence of rehabilitation before denying a licensing application/request. Similarly, guidance from agencies like the Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Housing and Urban Development (HUD) also discourage employers and housing providers from implementing blanket policies that automatically exclude individuals with a criminal record.

Can I Access Maryland Criminal Records for Free Online?

Many private websites claim to offer comprehensive access to Maryland criminal records, some at no cost and others for a nominal fee. However, the accuracy and completeness of the information accessible through these websites can be questionable, and the provided records may be outdated or incomplete. For reliable and up-to-date information, it is recommended to utilize official resources like the DPSCS's CJIS - Central Repository, which offers criminal background checks for authorized purposes, and the Maryland Judiciary Case Search system, which offers public access to criminal records directly from court databases. Trusted third-party platforms that aggregate data from official public (and private) databases, like MarylandpublicRecords.us, are also a reliable and convenient alternative for accessing Maryland criminal records online.