Maryland Arrest Records

Maryland arrest records are reports containing information about an individual's arrest in the state. Arrest records do not necessarily mean that the individual is guilty as they only contain details about when law enforcement took an individual into custody, not a court conviction.

A typical arrest record in Maryland contains the information on the name and personal details of the individual arrested, including date of birth and contact data. The record also includes the date, time, location of the arrest, information about the arresting officer, and court dates related to the arrest. Additional information on the charges filed against the individual at the time of the arrest, photographs, fingerprints, bail details, and the outcome of the arrest may also be found in this record.

Are Arrest Records Public in Maryland?

Yes. According to the Maryland Public Information Act(MPIA) and the federal Freedom of Information Act(FOIA), Maryland arrest records are public. Hence, members of the public can inspect or obtain arrest records under state laws. However, the state may restrict access to some records to protect governmental interests or privacy rights. For example, juvenile records are typically sequestered from public access. Likewise, documents containing information about crime victims are not available in the public domain. However, publicly available arrest records may be obtained from record custodians at the county and state levels.

How Do I Look Up Arrest Records in Maryland?

Interested persons can search for Maryland arrest records through various agencies in the state. Each agency has different search procedures and fees for obtaining arrest records. Some agencies require the requester's physical presence before disclosing the records. Others maintain online databases the public may use to view arrest information.

Sheriff's offices are the first-level custodians of arrest records in Maryland. To obtain an arrest record from the Maryland Police Department or Sheriff's Office, interested persons may visit the agency’s physical office or search the agency’s website. Either way, requesters must supply the necessary information to facilitate a search, including the arrestee's complete name, booking or case number, and the arrest date.

The Criminal Justice Information System (CJIS), maintained the Department of Public Safety and Correctional Services, provides access to criminal background checks. Persons who want to access this information must be authorized. To obtain criminal history background information, the requester must submit a private petition packet and wait for the DPSCS to approve. Once approved, the request can submit a fingerprint card filled with details to obtain a background check report. However, the report will only contain the subject's criminal history. It does not include information on employment, education, driving records, or other credentials.

Records obtained from the Maryland Judiciary Case Search tool and the Maryland State Archives can also supplement information obtained from the aforementioned agencies. Criminal court records, for example, can provide more information about the charges, case disposition, and trial date. The requestor must visit the record custodian's office in person during business hours to obtain records from these sources. Alternvatively, they may search the online repository the agency maintains.

Free Arrest Record Search in Maryland

Some law enforcement agencies in Maryland provide online search tools on their official websites for the public to find arrest records for free. Aside from the Maryland Department of Public Safety, interested persons may look up criminal justice information for free at local courts and police departments.

Some third-party websites also provide free arrest record searches. However, because these sources are not affiliated with the government, there is no guarantee of record accuracy or currency.

How Long Do Arrests Stay on Your Record in Maryland?

In Maryland, the time frame for an arrest to stay on an individual's criminal history depends on the outcome of the arrest.

• When an arrested individual is acquitted of any charges, their criminal history may still contain the arrest record. However, the arrest record will have a "not guilty" notation.
• If all accusation results read "not guilty," the state court will automatically erase the arrest records after three years.
• When an individual is convicted of a crime in Maryland, their criminal history may retain the arrest record unless the record subject applies for an expungement.

How to Seal Arrest Record in Maryland

To seal arrest records means to remove arrest records from public view. This ensures that the public cannot inspect or make copies of the records, whether physical or electronic. However, authorized officials at law enforcement agencies, the judiciary, and other government agencies may still access sealed records.

To expunge arrest records in Maryland, a petitioner must meet the expungement criteria.

• Misdemeanor offenses are eligible for expungement ten years after the case adjudication.
• Convictions related to domestic offenses are eligible for expungement 15 years after the case adjudication.
• First or second-degree burglary and felony thefts are eligible for expungement fifteen years after the case adjudication.
• For juvenile records, the petitioner must be at least 18 years old, have paid the relevant fine, penalty, or restitution fee, and one year must have passed since the case adjudication.
• Expungement petitions for pardoned offenses can only be filed ten years from the signing date.

A person may request for expungement if their criminal charge ends with certain verdicts, including:

• Acquitted Not Guilty: If the arrested is not acquitted of the crime or the prosecutor drops the case.
• Nolle Prosequi: The prosecutor decided to drop the case before or during a trial.
• Stet: The court postponed the case indefinitely.
• Probation Before Judgement: The individual was placed on probation without judgment (except in DUI cases).

If the arrests are eligible for expungement, the individual must complete an expungement petition form and file the petition with the court clerk in the county of arrest. A nonrefundable filing fee of $30 applies, but petitioners may request a waiver. For certain offenses, the court may schedule a hearing before issuing an order of expungement. A sealed arrest record is automatically removed from public online databases. The record custodian moves physical copies to a secure location where only authorized individuals may access the record.