Maryland Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil infraction. It carries lesser penalties than felonies. The processes for handling misdemeanors differ across the United States, and Maryland is no different.

What Is a Misdemeanor in Maryland?

In Maryland, a misdemeanor is considered a less serious crime, although it may have serious consequences. Many serious crimes may still be considered as misdemeanors. For example, a second-degree assault is expressly a misdemeanor that may become a felony only in certain protected victim scenarios. Examples of misdemeanors in Maryland include:

• Theft under $1,500
• Second-degree assault
• DUI/DWI offenses
• Trespassing
• Disorderly conduct

Misdemeanors differ from infractions and felonies. Minor traffic matters and civil infractions are fine-only and processed under separate rules. Felonies, by contrast, carry higher statutory maximums and are generally tried in the Circuit Court.

Misdemeanor Classes and Penalties in Maryland

Maryland does not use lettered classes for classifying misdemeanors. Penalties for some offenses include:

• Second-degree assault: Individuals may be sentenced up to 10 years or a fine not exceeding $2,500.
• Theft: penalties may include
  • For theft below $100. Payment of fines up to $500 and jail time of a maximum of 90 days
  • For theft between $100 and $1,500. A maximum jail time of six months for a first-time conviction (less than one year for subsequent offenses).
• DUI/DWI (Transp. §21-902): criminal misdemeanors with penalty ladders by subsection and priors (including enhanced ranges where specified).Maryland General Assembly

The court may impose additional penalties during a misdemeanor conviction and sentencing. These penalties include probation, restitution, treatment/counseling, community service, and license sanctions (for DUI/DWI).

Misdemeanor Court Process in Maryland

Maryland's trial court structure is composed of the District Court and the Circuit Court. The District Court hears most misdemeanor cases without a jury; if a defendant is entitled to a jury, the case is transferred to the Circuit Court.

Typical sequences for a court process (misdemeanor) in Maryland include:.

• Arrest or citation/summons. A commissioner with probable cause may issue a charging document against an individual through either a summons or a warrant for an arrest. Law enforcement officers will either serve the summons on the accused individual or arrest them.
• Initial appearance or arraignment. In the District Court, the rights and the release conditions of the defendant are addressed. The defendant has a right to an attorney, and if they (the individual is indigent) cannot afford one, counsel may be appointed by the court.
• Pre-trial. The counsel for the defendant will try to negotiate a plea arrangement after making all necessary discovery and filing motions with the court. All diversion or treatment programs (if available) are presented to the defendant. If the prosecutor and the counsel for the defendant cannot reach an agreement; the case proceeds to trial.
• Trial or plea. District Court trials are bench trials; if a jury right exists and is demanded, the case is transferred to Circuit Court for a jury. The judge will hear arguments from all parties involved in the case.
• Sentencing. If found guilty, the judge imposes the required sentence within the applicable statutory ranges.

Misdemeanor Records in Major Maryland Cities

Although Maryland provides a single, statewide public portal for court records in the state, individuals can check the local District Court to access misdemeanors. They may view the records in major cities such as:

• Baltimore City. The District Court for Baltimore City handles misdemeanors and posts contact details on its website. Individuals may contact the court clerk for certified copies of court records.
• Rockville (Montgomery County). The District Court of Maryland for Montgomery County explains that misdemeanor matters are held in the court and provides directions to the courthouse. Individuals may obtain official copies from the court clerk.
• Upper Marlboro (Prince George’s County). The District Court of Maryland for Prince George’s County is responsible for misdemeanor cases in Upper Marlboro City. The court clerk emphasizes that most court records are available to the public.

The District Court lists options to pay traffic citations or fines online, by phone, in person, or by mail to the Traffic Processing Center.

How to Search for Misdemeanor Records in Maryland

The public is allowed to view misdemeanor records unless the records are sensitive, sealed, or restricted from public viewing. Typical court records may include citations, events, dispositions, sentence details, and balances due. Anyone may search for misdemeanor records in Maryland through:

• Online Court Portal. The Maryland Judicial Branch provides a Case Search Portal that is available to the public. Users may enter a name or case number, filter by county and court to view court records. The search results will display a summary of cases, including the case number, names, and hearing dates.
• Circuit Court Clerk (for Circuit Court cases from appeals) or District Court. Individuals may contact the court clerk in the county of filing for certified court documents. They must provide identification and pay the copy fees.
• Criminal History Records. Individuals may obtain copies of complete criminal histories from the Maryland Department of Public Safety and Correctional Services. They may request background checks from the department.
• Third-party Services. Individuals may view misdemeanor records at some third-party aggregators or websites. These records are unofficial, and users must verify the authenticity of the information received from search results.

How Long Does a Misdemeanor Stay on Your Record in Maryland?

Misdemeanor convictions stay permanently on an individual’s criminal record. However, Maryland offers two key forms of record relief to defendants:

• Expungement: a process that asks the court to remove certain kinds of court and police records from public view. The defendant must be eligible and must have completed the sentence (including supervision) before petitioning.The expungement process includes:
  • Non-convictions (acquittal, dismissal, nolle prosequi, not guilty): generally eligible to expunge under the law and are subject to waiting periods and conditions.
  • Convictions: Maryland now allows expungement of specific convictions after waiting periods that vary by offense (such as 10 years for theft or burglary, 7 years for second-degree assault or common-law battery).
• Shielding. This process hides some listed misdemeanor convictions from public view, but law enforcement may still see them. Under the Maryland Second Chance Act, individuals may petition to shield certain misdemeanor convictions three years after completing the sentence (including probation/parole). An individual may only complete one successful shielding petition in a lifetime.