Maryland Arrest Records Search

What is Considered an Arrest in Maryland?

In Maryland, arrest generally refers to the lawful act of detaining a person by peace officers or other authorized persons, resulting in restriction of their movement. The state's arrest procedures are rooted in the protections offered by the Fourth Amendment of the U.S. Constitution. Article 26 of the Maryland Declaration of Rights echoes the Fourth Amendment, emphasizing protecting individuals' rights against unjust searches and seizures. It states that warrants issued without proper justification are considered oppressive and that all warrants for search and seizures must clearly state who or what is being searched and where the search will occur. Anything outside this constitutes an abuse of power by law enforcement.

The law governing arrests includes various legal aspects and safeguards to protect arrested individuals while empowering law enforcement to carry out their duties. Therefore, all arrests in Maryland generally must comply with the following:

• Custody and Control: Custody is the physical confinement of a person by law enforcement. When an individual is arrested, they are under the control of law enforcement officers and are not free to leave. Peace officer asserts control over their movement.
• Legal Authority: Law enforcement officers must have legal authority to make arrests. Probable cause is required for an arrest in Maryland. Per Section 2-202 of the Maryland Code, peace officers may detain an individual without a warrant when there is probable cause to believe the person has committed or is about to commit a criminal offense. Likewise, an arrest warrant is required for noncritical situations.
• Miranda Rights: Miranda rights act as safeguards during arrest, ensuring the individual's constitutional rights are protected. Law enforcement officers must read Miranda rights immediately after arrest before interrogation. The Miranda right includes the right to remain silent, anything said may be used against the individual in court, the right to an attorney, and the provision of a court-appointed attorney where the individual cannot afford one.
• Restraint and Transport: Law enforcement may restrain arrested persons to prevent their escape or harm to others and themselves. Handcuffs are the most common restraints used to limit a person's freedom. After restraining the individual, police officers must transport arrested individuals to the detention facility safely and in a manner that ensures their rights are not violated.
• Booking Process: The booking process commences when the arrested individual arrives at the detention center. The process typically involves documenting the arrests by recording the personal information and charges against the individual.

Arrests in Maryland occur under several circumstances, ranging from criminal offenses to violation of court orders for traffic laws. Law enforcement officers may arrest an individual who commits robbery for criminal offenses. A person who robs a store is arrested for the criminal offense of robbery. A driver arrested for driving under the influence may be arrested for a traffic violation. Likewise, persons who refuse to leave private properties may be arrested for the civil offense of trespassing.

Arrest and detention are different legal concepts with different legal implications in Maryland. Arrests occur when a person is taken into custody under the belief that a crime was committed. It restricts a person's movement and results in criminal charges. Detention is the temporary restriction of a person's freedom to investigate a situation. Law enforcement officers do not officially take the individual into custody. Detention does not require probable cause or Miranda rights, and neither does it always result in criminal charges unless probable cause is established during questioning.

What is Unlawful Arrest in Maryland?

An unlawful arrest generally occurs in Maryland when law enforcement takes a person into custody without following proper legal procedures or when officers violate the arrested individual's constitutional rights. Arrests in Maryland are governed by laws protecting individuals from arbitrary detention. Consequently, when these laws are violated, the arrest becomes unlawful.

• Lack of Probable Cause: Law enforcement officers in Maryland generally must have probable cause to make an arrest. Probable cause implies that there is enough evidence that the individual committed the crime. Arrests made without probable cause are unlawful.
• Violation of Constitutional Rights: Arrest made without respecting the constitutional rights of the individual is unlawful. The Fourth Amendment protects arrested persons from unreasonable search and seizure. Likewise, arrested persons must read their Miranda rights. Failure to do so constitutes an unlawful arrest.
• Arrest Without a Warrant: Maryland permits warrantless arrest under specific conditions, as outlined in Section 2-202 and Section 2-203 of the Maryland Code. However, arrests without a warrant become illegal when an individual is arrested without committing a crime in the presence of the arresting officer.
• Arrest Outside Jurisdiction: Law enforcement officers are limited to making arrests within their jurisdiction. Arrests made outside their jurisdiction without proper legal ground or coordinating with police officers within that region are considered unlawful.
• Procedural Violations: Failure to follow proper protocol during arrests, such as failing to file an arrest report or holding an arrested individual for an extended period at the detention facility, may be deemed unlawful.

Unlawful arrests undermine individual rights and freedom and may lead to legal consequences for the arresting officer or agency. One of the primary legal consequences of unlawful arrest is the exclusion of evidence. When an arrest is unlawful, any criminal charge from the arrest may be dismissed by the courts. Maryland Rule 4-252 permits suppressing evidence or dismissal of charges based on constitutional violations such as unlawful arrests. Victims of unlawful arrests may file a civil rights lawsuit against the arresting officer or agency. Under Federal law 42 U.S. Code § 1983 and the Maryland Tort Claims Act, individuals may sue for damages to hold law enforcement officers accountable for wrongful arrests.

Are Arrest Records Public in Maryland?

Yes, arrest records are public records in Maryland. The public generally has the right to access public records, including arrest records, as contained in the Maryland Public Information Act (PIA) and codified in Title 4-201 of the Maryland Code Annotated. Per the law, individuals may request access to records held by public bodies, including law enforcement agencies. While most arrest records are accessible to the public, certain arrest records or portions of the records are restricted from the public. Under the PIA, the following typical information on arrest records is open to the public for inspection and copying:

• The name, age, address, and personal identifiers of arrested individuals
• The location, time, and date of the arrest
• The criminal charges filed
• The booking information, which includes fingerprints and mugshots
• The location of the court, including dates of upcoming hearings
• Bail and information details

Although some states restrict access to mugshots in arrest records, Maryland law generally permits public access to mugshot information. Mugshots, used for identification purposes, are photographs of a person's face taken by law enforcement during the booking process after placing a person under arrest.

Most arrest records in Maryland are open to the public. However, some arrest reports are generally protected by state law and are restricted from the public to safeguard the privacy and confidentiality of the person named on the record. In Maryland, juvenile arrest records, sealed or expunged arrest records, arrest records from ongoing investigations, and victim and witness information contained in arrest reports are exempted from the public. Similarly, sensitive personal information typically such as social security numbers, medical records information, home addresses, and financial information contained in arrest records are exempt from public access. Personal identifying information on arrest records is redacted to prevent identity theft, invasion of privacy, and fraud.

What are the Types of Arrest Records in Maryland?

Arrest records are created and maintained by different law enforcement agencies in Maryland. Arrest records are kept at the county and state level in Maryland. Local or county law enforcement agencies maintain records of arrests within the city or county jurisdiction. Their records include localized offenses such as petty crimes, traffic violations, and local disturbances.

State law enforcement agencies keep arrest records related to state law enforcement activities, including offenses across city boundaries. State law enforcement agencies generally focus on more significant crimes requiring state involvement. At the state level, the Maryland State Police (MSP) handles arrests across the state and is involved in maintaining state-level arrest records. Likewise, the Maryland Department of Public Safety and Correctional Services (DPSCS), through its Criminal Justice Information System (CJIS), manages and stores criminal history information, which includes arrest records.

Where are Arrest Records Kept in Maryland?

Arrest records in Maryland are kept by different agencies, including those at the local, state, and federal levels. The records are typically generated during arrest and include detailed information about arrested individuals and the nature of the arrest. The following agencies are generally responsible for maintaining arrest records in Maryland:

• Local Police Departments or Sheriff's Offices: Local police departments and county sheriff's offices in Maryland keep arrest records for persons arrested within their jurisdiction
• The Maryland State Police (MSP): The MSP maintains arrest records for arrests made by state law enforcement agencies. Records from the MSP involve state-level criminal offenses, investigations, drug enforcement, and other significant crimes.
• Maryland Courts: The courts keep records of charges and court proceedings following arrest. Also, records relating to bail and bond information and detention orders are accessible through the courts. Arrest records through the courts are part of broader criminal case records.
• State Department of Criminal Justice: Maryland has a central repository for criminal history information, which includes arrest records. The Criminal Justice Information System (CJIS) is responsible for storing and disseminating arrest records for various law enforcement agencies across the state. The CJIS
• Federal Agencies: Federal agencies like the Federal Bureau of Investigation (FBI) maintain arrest records for federal crimes such as terrorism, federal financial crimes, and interstate drug trafficking. It also keeps arrest records of cases involving federal law enforcement. The FBI's National Crime Information Center (NCIC) provides access to national-level arrest records, including arrest records from Maryland.
• The Maryland Department of Public Safety and Correctional Services (DPSCS): State and Federal correctional facilities maintain records of persons incarcerated following an arrest. The DPSCS maintains records of persons incarcerated in the state's prison. The Baltimore Residential Reentry Management, Cumberland Federal Correctional Institution, and the Mid-Atlantic Regional Office keep records of persons locked up in federal prisons in Maryland. These correctional facilities generally provide access to inmate information, which may include arrest details leading to incarceration

How To Find Public Arrest Records in Maryland?

Arrest records in Maryland are maintained by local police departments and state-level agencies. These records are accessible to the public. Below is a guide to accessing public arrest records at the various levels in Maryland.

• Local Police Departments: The law enforcement agency at the city level is the local police department, while at the county level, there is the county sheriff's office. Each police department or county sheriff's office has a records division that maintains records of arrests occurring within their jurisdiction. Record seekers may contact the sheriff's office directly or mail requests for arrest records. Alternatively, some sheriff's offices and police departments provide online forms to submit requests for arrest records or web access to arrest records on their website.
• Maryland Department of Public Safety and Correctional Services (DPSCS): At the state level, the DPSCS, through its Criminal Justice Information System (CJIS), provides access to a database of criminal records, which includes arrest records. To access documents on this platform, record seekers must complete a fingerprint-based background check. The DPSCS charges $38.00 for in-person requests and $18.00 for mail-in requests. There is a $20.00 fee included for in-person fingerprinting requesters. The physical and mailing address of the DPSCS is at:
• Maryland Courts: Arrest records are accessible through the Maryland court system. The Maryland Judiciary Case Search is an online portal to access criminal case information, including arrest records. Arrest records are also accessible at the Districts and Circuit Courthouses across Maryland where the case was heard. The Clerk of Courts permits in-person or mail requests for case records.
• Third-Party Websites: Several third-party platforms generally provide access to public arrest records. These websites collate data from various government agencies, making it convenient to search for arrest records online. Websites like RecordsFinder typically provide reliable and easy means to access numerous criminal records, including arrests, warrants, and mugshots, when available. They typically collate data from federal, state, county, courthouses, police departments, and other public records offices. However, third-party websites may be incomplete or contain inaccuracies.

How Long Do Arrests Stay on the Record in Maryland?

An arrest record in Maryland remains part of an individual's criminal history indefinitely unless they are removed through sealing or expungement. However, Section 10-105.1 of the Maryland Code does provide for the automatic deletion of some arrest records depending on the outcomes of the arrests and the period when the arrests occurred. Generally, Maryland has no provision to automatically erase or wipe off arrest records resulting in conviction after a certain period. They are permanent, and unless the individual meets specific legal requirements to seal the record, they remain accessible to the general public.

How To Seal or Expunge an Arrest Record in Maryland?

While Section 10-101 of the Maryland Code permits the sealing or complete removal of police records, including arrest records, Section 10-102 outlines the rules for erasing arrest records and the persons entitled to expunge their arrest records. Per Section 10-101(e), expungement of records in Maryland refers to the legal process of removing or sealing records from public access. The law generally provides for the destruction of arrest records or removal to a secure and restricted area away from the public.

Expunging arrest records in Maryland completely removes it from public access and criminal databases. Persons with qualifying arrest convictions under Section 10-105of the Maryland Code may apply to expunge their arrest records. Maryland law specifies the timeframes for when a person may apply to have their arrest records expunged. Arrest records before October 1, 2007, may expunge the record after 8 years of the arrest. Arrests without charges occurring after October 1, 2007, may apply for expungement within 60 days of release from custody.

Maryland Judiciary generally provides an expungement brochure to complete the petition to erase arrest records. Persons filing for expungement of arrest records may fill out the Petition for Expungement of Records form for expungement of acquittal, dismissal, probation before judgment, nolle pros, stet, and some not criminally responsible dispositions. Likewise, persons expunging arrest records related to guilty dispositions may complete the Petition for Expungement of Records form. The petitioner may file the request in the court where the case was handled.

Maryland law also provides for the sealing of arrest records. The Maryland Second Chance Act permits eligible persons to shield their arrest records. Shielding arrest records seals the record, making it inaccessible to the public. However, per Section 10-302 of the Second Chance Act, sealing arrest records is a one-time request. The petition to seal the record may only be filed once in a lifetime. There are only 12 convictions eligible for shielding per the Act. Persons eligible to seal arrest records may fill out the Petition for Shielding Under MD Second Chance Act form and file the request in the District or Circuit Court where the case was handled. Per Section 10-303, requesters may file the petition after 3 years of completing the sentence. There are no hearings to seal arrest records. If the judge approves the request to shield the records, it becomes unavailable to the public, although certain authorized agencies and institutions may still access sealed arrest records.

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