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Maryland Public Records

A Maryland public record is any document created and preserved by a government agency about the administration of its official business. All state and local agencies are mandated by state law to retain records created while performing official activities and make such records available publicly upon request. However, these provisions are not without exemptions. The prerequisites, conditions, and exemptions surrounding the creation and accessibility of public records in Maryland are outlined in the State's Information Act.

Maryland public records are essential for maintaining the openness, accountability, and transparency of governmental organizations. They ensure that state residents and citizens nationwide can evaluate government agencies' operations, including the performance of elected or appointed officials.

Are Maryland Records Public?

Yes. The Maryland Public Information Act (PIA) empowers members of the public with the fundamental right to examine and make copies of public records, provided such records are not deemed confidential or sealed by statute. The State of Maryland allows both citizens and noncitizens of the state to inspect and copy public records on request.

Individuals interested in reviewing and obtaining copies of Maryland public records can submit a PIA request to the specific agency in charge of the desired records. However, the public can only access certain records in Maryland with a court decree or if permitted by state law. Examples of such records, typically exempt from public disclosure, are listed below:

  • Original documents that have been duplicated with the intent of redacting sealed information
  • Criminal History Records
  • Investigation Reports that are yet to have a court sentence attached to them
  • Medical Records and Psychological assessments
  • Agency records concerning adoption, welfare, child abuse, or negligence
  • Personnel and staff records
  • Retirement records and files
  • Risk-based capital records filed with an insurance commissioner
  • Records created by the Motor Vehicle Administration
  • Arrest warrants that have not been served and that are not more than 90 days old
  • Police reports that are requested for commercial or solicitation purposes
  • Student records collated by the school district boards

**Maryland Public Records Act **

Maryland Public Information Act (PIA) is codified in the General Provisions Article §§ 4-101-601 of the Annotated Code of Maryland. The PIA provides the general public access to government records in any storage format at a reasonable cost and time frame. The PIA does not mandate an agency to respond to informative questions or to produce a record that caters to a request.

According to the PIA, Maryland public records are documents produced, obtained, or utilized by public and government agencies while conducting their official duties. The Act further states that a public record can be produced, stored, and dispatched in different forms, such as printed documents, tapes, photographs, audio or video recordings, pictorial illustrations, electronically, or in any other format for storing information.

Records requesters can find the following public records available for public access in Maryland:

  • Court records, including civil and criminal case records
  • Bankruptcy records
  • Public arrest, inmate, and sex offender records
  • Property records and ownership information
  • Vital records such as death, divorce, birth, and marriage records

How Do I Find Public Records in Maryland?

Per the PIA, government agencies are required to create access to public records on request from an interested individual. Consequently, accessing public records in Maryland begins with selecting the records to request and identifying the custodial agency in charge of the sought-after records. Because different agencies manage public records, there is no one-size-fits-all procedure for retrieving public records. Notwithstanding, there are five steps typically involved in obtaining a public record in Maryland:

**Determine the Sort of Information or Record **

A requestor must first determine what kind of record is being sought. For instance, vital records, court records, and property records are each maintained by different custodians. Doing this will aid the individual in contacting the relevant record custodian and ease the search process. Furthermore, a person who wishes to obtain a specific record must supply a sufficient description of the record to facilitate the search and retrieval of such records. For example, when requesting a Maryland court record, a requestor must provide details such as case information, party name, a case number, page number, docket numbers, and trial dates.

Identify and Contact the Record Custodian

Record custodians are typically public agencies in the jurisdiction where the record created. Once the inquirer has determined the type of record sought and knows enough details to describe the document of interest, they may contact the public agency maintaining the record. For example, in Maryland, the Judiciary is in charge of court case records, the Department of Health manages vital records, and the Department of Public Safety and Correctional Services is in custody of criminal records and sex offender information. Therefore, a requester must contact the appropriate public agency to obtain a public record in Maryland.

**Complete a Request Form **

Upon contacting the relevant agency in charge of the record, the requester must create a record request in writing or electronically. This can be done using the provided request forms or writing a formal letter. The information contained in the request form depends on what is required by the record custodian but will typically include:

  • The requestor's name and contact details
  • The type and description of the record
  • The names of persons whose information is in the record sought
  • The preferred mode of record delivery
  • All other details needed to aid the search for the record.

Submit the Request

Requestors must ensure the information provided in their request forms is accurate before submitting it to the appropriate record custodian. Most agencies permit in-person, mail, fax, and online submission of requests. Interested individuals can contact a State, County, or Municipal government agency in Maryland via the PIA representatives list.

Pay the Stipulated Fees

Public agencies in Maryland usually have reasonable costs attached to providing access to public records as stipulated by Section 4-206 of the Maryland statute. These fees include the cost of searching, preparing, and copying documents and vary depending on the rendered services.

**Find Maryland Public Records Free **

An individual can look up Maryland public records for free by physically inspecting the records or utilizing online portals maintained by the government agency. Most agencies provide members of the public with free in-person record requests during working hours, while others offer public access terminals through which requesters can inspect public records online at no cost.

Additionally, some agencies maintain online repositories where interested individuals can access public records with their devices by entering certain search criteria. Some examples of such official platforms include:

Note that these agencies may charge low-cost fees for obtaining copies of maintained records.

What Happens if I Am Refused a Public Records Request?

A public record request may be denied by the record custodian if:

  • The requested information is exempt or sealed by State or Federal laws;
  • The request was submitted to the wrong agency or is non-compliant with the specified agency rules;
  • The sought-after record is nonexistent or redacted;
  • The search criteria the requester supplied is inadequate to pinpoint the desired information.

Per GP § 4-203, a record custodian in Maryland must provide a written statement within ten working days to the requester explaining the reason for a record request denial, the legal backing for the denial, and notice of the requester's right to appeal. That justifies withholding a record. By this statute, requestors who find their request denial inaccurate or nonstatutory may appeal to the custodial agency or seek redress in court.

How Long Does It Take to Obtain a Maryland Public Record?

Under the PIA, government agencies are mandated to react to public records requests 30 days after receiving the requests. Nonetheless, a record custodian may need an extended period to furnish a requester with access to a requested record. Although the processing time for record requests is not typically specified, state laws require government agencies to respond to requests within a reasonable time frame.