Maryland Criminal Court Records

Maryland criminal court records are public documents that provide an official account of the prosecution of criminal cases within state limits. The Maryland Judiciary manages and disseminates these records to serve as a public resource, reinforcing transparency and accountability in the justice system. The Maryland Code and Court Rules govern access to these records.

Are Criminal Court Records Public in Maryland?

Yes. Court records are generally open to the public, in compliance with the Maryland Public Information Act (PIA) and the Access to Judicial Records Act. However, criminal court records expunged, shielded, or sealed by court order are closed. According to Maryland, R. Ct. Admin. 16-914, the following criminal court records are confidential in the state:

• Search warrants, applications, and supporting affidavits before an officer executes the warrant and files it with the clerk.
• Executed search warrants and all attached papers filed per MD Rule 4-601.
• A case record of an arrest warrant under MD Rule 4-212(d) and its charging document are confidential until the conditions in MD Rule 4-212(d)(3) are met.
• A case record related to an arrest warrant issued under a grand jury indictment or in connection with a conspiracy investigation, along with the charging document that supports the warrant.
• Any criminal record containing information about a person's refusal to testify in a criminal action against their spouse.
• A presentence investigation report prepared according to MD Correctional Services Code § 6-112.
• A case record relating to a criminal investigation by a grand jury, a State's Attorney, the State Prosecutor, or the Attorney General.

What Criminal Court Records Contain in Maryland

Although Maryland criminal court records are generally public, specific confidential details are withheld. Publicly accessible records typically include the following information:

• Case information, including court system, location, case number, case title, case type, filing date, case status, and tracking number.
• Defendant information, including the defendant's name, race, sex, height, weight, hair color, eye color, and date of birth
• The defendant's attorney's name and appearance date
• The name of the plaintiff
• The arresting or complainant officer's name and agency name
• Charge and disposition information, including charge number, CJIS code, statute code, charge description, charge class, offense date range, agency name, officer ID, disposition, disposition date, and judge's name
• Bond setting information, including bail date, setting type, and amount
• Document information, including filing date and document name

Maryland Criminal Court Records Search

Maryland offers several options for obtaining criminal court records, some of which are free, while others require a fee. The primary methods include:

Online

Maryland has a single Case Search portal that provides free public access to criminal court records originating within the District Court and Circuit Courts. Users will need a name or case number to conduct the search. They can also click the Advanced Search tab to enter more information that can help streamline the search. Another way to view criminal court documents electronically is through the Maryland Electronic Courts (MDEC). However, this portal is not open to the public.

In-Person

Most criminal court records can be found on the Maryland Case Search portal. Records removed from the portal remain publicly accessible at the courthouse where the case was heard. With a few exceptions, anyone can view or obtain copies of criminal court records at the clerk's office. Record seekers will need to provide the clerk with the name of the case party or a case number for the criminal court record they want to access. Court clerks charge fees for copies of records, including $0.50 for plain copies and $5, plus additional copy fees, for certified copies.

Free Access to Criminal Court Records in Maryland

The Case Search portal is a convenient option for accessing criminal court records in Maryland at no cost. This portal contains criminal information from Appellate, District, and Circuit Courts. The search criteria are name or case number. However, users can conduct advanced searches to enter more search criteria. Although copies of court records are available for a fee, record seekers can request that court clerks waive the fee, as stated in the MD General Provisions Code § 4-206. Suppose the applicant is indigent and files an affidavit of indigency, or after careful consideration of the applicant's financial ability. In that case, the clerk will grant the request if they determine the waiver would be in the public interest.

Sealing and Expungement of Criminal Court Records in Maryland

Maryland law permits residents to request that the court keep some or all information in a case private. Depending on the situation, individuals can request that the court limit public access to a case record in various ways. Different terms, such as seal, shield, and expunge, can be used, depending on the type of case. Sealing and shielding refer to keeping certain information in a case private, while expungement means destroying case records.

How to Seal Criminal Court Records in Maryland

Sealing a criminal court record requires the court to keep certain information private. The petitioner must file a completed Petition to Seal or Otherwise Limit Inspection of a Case Record Form with the court that handled the case by mail or in person. They must also notify all parties involved in the case by sending them the petition form. The judge will only grant the request to seal a criminal court record if the petitioner can prove that a special or compelling reason exists to seal the record. If the judge grants the petition, the court will restrict public access to the petitioner's criminal court records.

How to Expunge a Criminal Record in Maryland

In Maryland, expungement completely removes a person's criminal information from court and law enforcement records. Only applicants who have completed their sentence, including supervision, can apply for expungement in Maryland. Some waiting periods should be considered before the application. Applicants can find a list of expungable guilty offenses and the corresponding waiting periods on Form CC-DC-CR-072G2. Applicants can file four (4) types of Petitions for Expungement of Records Forms with the court where the criminal case was concluded. The court charges a filing fee for expunging some offense, but applicants may request that the court waive the fee by filing a Request for Waiver of Costs (CC-DC-089) Form. Below are the forms required for expungement in Maryland:

• Form CC-DC-CR-072A. This form is for applicants with a disposition of acquittal, dismissal, nolle prosequi, probation before judgment (PBJ), stet, or not criminally responsible, and who have had three years pass since the disposition. The court does not charge a filing fee for such cases.
• Form CC-DC-CR-072B. This form is for applicants with a guilty disposition, but the offense is not related to marijuana/cannabis. The filing fee is $30.
• Form CC-DC-CR-072C. This form is for applicants with a disposition of acquittal, not guilty, dismissal, or nolle prosequi, and less than three years have passed since the disposition. There is no filing fee for such cases.
• Form CC-DC-CR-072D. This is for applicants found guilty of marijuana/cannabis related offenses. The filing fee is $30.

Maryland expungement process takes 90 days to complete from the filing date. The court sends the petition for expungement to the State's Attorney's Office, which has 30 days from receiving the petition to file an objection. If no objection is filed within the specified timeframe, the court will issue an order to all relevant agencies. The agencies have 60 days to expunge the petitioner's criminal records. The court will also mail a Certificate of Compliance to notify them that their expungement has been completed.

Criminal Records in Maryland vs Court Records

A criminal record is a statewide history of arrests, charges, convictions, and sentences maintained by the Maryland Department of Public Safety and Correctional Services. Conversely, a court record refers to both case and administrative documents (Md. R. Ct. Admin. 16-903) maintained by the Maryland Judiciary. A criminal record shows a person's entire criminal background, while a court record shows what happened in one particular case.

Requesting a Maryland Criminal History Record

A Maryland criminal history record is a check conducted to verify that a person is who they claim to be. This type of record differs from a court record and can be retrieved from the Maryland Department of Public Safety and Correctional Services' Criminal Justice Information System (CJIS). The Maryland Security and Privacy Act and the Code of Maryland Annotated Regulations (COMAR) prohibit public access to criminal history records. Anyone who wants to obtain copies of the records would need proper authorization.

How to Request a Maryland State Background Check

Eligible individuals can request a Maryland State background check through the Criminal Justice Information System (CJIS) of the Maryland Department of Public Safety & Correctional Services (DPSCS). The CJIS charges fees for criminal background record check requests, which differ by category and request method. For example, a full background check (state and FBI) for authorized agencies costs $30.00 for a mail-in request and $50.00 for an in-person request. Conversely, a state background check costs $18.00 for a mail-in request and $38.00 for an in-person request. Payments can be made by credit card or personal checks. Applicants must go to any authorized location that provides fingerprinting services to have their fingerprints taken. The CJIS takes about 10 working days to process background check requests from the receipt of the initial approved application. Mail applicants must send their fingerprint card and associated fee to:

Criminal Justice Information System - Central Repository

Or send overnight to:

Criminal Justice Information System - Central Repository

Active vs Archived Criminal Cases in Maryland

In Maryland, criminal cases are classified as either active or archived based on their status and the manner in which the records are stored. Active cases are those still ongoing in court or recently concluded. They can be found online on the Maryland Judiciary Case Search portal or the daily court docket. In contrast, archived criminal cases are cases that have been closed for a significant period and are no longer part of routine court activity. Such cases are not usually available online or in person at the courthouse. They are typically transferred to long-term storage or an archival system and are not kept in the court's regular, day-to-day database. Individuals must submit a completed Public Request Form by email, mail, or fax to the Maryland State Archives (MSA) to request them. Requesters must pay $50 for full cases and $35 for a specific part of a case file. Payments can be made by credit card or check. The completed form and the appropriate fees should be sent to: