New Probation Laws in Maryland: PBJ, Violations, and Expungement

Maryland probation laws let a judge suspend all or part of a sentence and place you on supervision in the community instead of sending you to jail, and in some cases the same statutes let the court hold off entering a conviction at all through probation before judgment. The rules that control who qualifies, how long probation lasts, what conditions apply, and what happens if you slip up sit in Sections 6-220 through 6-223 of the Maryland Criminal Procedure Article.

When a Judge Will Grant Probation

After entering a conviction, a Maryland court can suspend part or all of the sentence and place you on probation under whatever conditions the judge considers appropriate.¹ That is probation after judgment: the conviction stays on your record, but you serve the sentence in the community.

Judges weigh the seriousness of the offense, your prior record, community ties, employment, and how likely you are to complete probation successfully. There is no fixed list of offenses that automatically qualify or disqualify you. Nonviolent charges and light or nonexistent criminal histories make the strongest case. Violent crimes, repeat convictions, and offenses involving firearms make probation much harder to get, though it remains legally available at the judge’s discretion for most crimes.

Probation Before Judgment

Probation before judgment, usually called PBJ, is the option most defendants push for. After a guilty plea, a no-contest plea, or a finding of guilt, the judge stays the entry of judgment and puts you on probation instead of entering a conviction.² Complete probation cleanly and no conviction lands on your record.

To grant PBJ, the court must find that doing so serves the best interests of both the defendant and the public welfare, and you must consent to it in writing after the determination of guilt.²

There is a second path. A defendant who pleads not guilty can still receive PBJ through a written agreement with the State. The court finds facts sufficient to support guilt but withholds a finding of guilt and imposes probation, and the defendant waives the right to trial and appeal in exchange.² Either way, no conviction is entered as long as you stay compliant.

A word of caution. If you violate PBJ, the court can enter the finding of guilt, convert the PBJ to a conviction, and sentence you up to the maximum penalty for the original offense. What starts as a second chance can end worse than a straightforward conviction and sentence.

When PBJ Is Off the Table

Maryland law blocks PBJ in two situations that catch defendants off guard.

The first is repeat drunk or impaired driving. If you were convicted of or received PBJ for a DUI or DWI within the previous 10 years, you cannot get PBJ for a new one. A prior PBJ counts the same as a prior conviction, and the 10-year clock runs from either.²

The second is repeat drug offenses. PBJ is generally barred for a second controlled substance offense under Title 5 of the Criminal Law Article. One narrow exception: for simple possession under Section 5-601, if you have only one prior possession conviction or PBJ, the court can grant PBJ again, but only if it also requires you to graduate from drug court or successfully complete a substance abuse treatment program.²

When PBJ is granted for a DUI, DWI, or drug offense, the judge must impose specific mandatory conditions. For alcohol-related driving offenses, the court is required to order participation in an alcohol or drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that neither the defendant’s interests nor the public interest requires it. The court may also require an ignition interlock device.²

How Long Maryland Probation Can Last

The maximum probation term depends on which court sentences you. A circuit court can impose up to 5 years of probation. The District Court can impose up to 3 years.³ Those caps apply even when the probation period is longer than the underlying sentence, which is common when a short jail term is fully suspended.

Higher limits apply in some sexual offense cases involving minors. With the defendant’s written consent, a circuit court can impose up to 10 years and the District Court up to 6 years for convictions involving sexual abuse of a minor or certain sex crimes against children.³

These caps can be extended in two situations. If restitution is still owed, the court can add up to 5 more years in circuit court or 3 more years in District Court, and can extend beyond even those limits with the defendant’s written consent when the extension is solely for restitution.³ The court can also add one year beyond the standard limit for someone committed to the Maryland Department of Health for substance abuse treatment.

Conditions You Will Have to Follow

Every person on probation in Maryland gets a set of standard conditions. According to the Maryland Judiciary’s probation order form, these include reporting as directed, working or attending school regularly, getting permission before changing your address or leaving the state, obeying all laws, notifying your agent immediately if charged with a new criminal offense, allowing home visits, avoiding illegal drug possession or use, appearing in court when required, and paying all fines, costs, and restitution as ordered.⁴ You also cannot own or possess a dangerous weapon or firearm without court permission.

Judges can add special conditions tailored to the offense and to you. Common ones include drug or alcohol evaluation and treatment, mental health treatment, community service, domestic violence counseling, no-contact orders, stay-away orders for specific locations, and DNA sample collection.⁴ Alcohol-related driving offenses often come with ignition interlock, an alcohol restriction on the driver’s license, and a Victim Impact Panel.

Maryland uses three supervision levels: supervised, unsupervised, and alternative community service. The court sets the level at sentencing. Supervised probation means regular check-ins with the Division of Parole and Probation. Unsupervised probation still requires full compliance with every condition, but no agent is assigned for regular reporting. The seriousness of the offense and how much oversight the court thinks you need drive the choice.

What Happens If You Violate Probation

Consequences turn on whether the violation is technical (missing a check-in, failing a drug test, not finishing community service) or involves a new criminal charge. Maryland’s Justice Reinvestment Act added graduated incarceration caps for technical violations so that a first misstep usually does not consume the entire remaining sentence.⁵

The caps run in tiers:

First technical violation: up to 15 days of incarceration.
Second technical violation: up to 30 days.
Third technical violation: up to 45 days.
Fourth or subsequent technical violation, or any non-technical violation: the court can impose any sentence that could have been imposed for the original crime.⁵

The caps carry a rebuttable presumption. They apply unless the court finds on the record that sticking to them would create a risk to public safety, a victim, or a witness. When rebutting the presumption, the court must consider the nature of the violation, the facts of the original crime, and your history.⁵ Even then, the court cannot impose more than the time remaining on the original sentence.

Your Rights at a Revocation Hearing

Revocation proceedings begin with a summons or warrant issued on the court’s own initiative or on a verified petition from the State’s Attorney or the Division of Parole and Probation. The petition must specify which conditions you allegedly violated and how.⁶

At the hearing, you can admit or deny each alleged violation, testify, call witnesses, and cross-examine the State’s witnesses. If the court finds a violation, it must specify which condition was violated and give you a chance to make a statement and present mitigation before it imposes any sanction.⁶ The rules of evidence apply loosely and the hearing can be conducted informally, but your rights to present a defense and confront witnesses are protected.

Ending Probation Early

Maryland law lets a court end probation at any time. There is no minimum period you have to serve first.⁵ In practice, judges want to see a track record: all conditions met, fines and restitution paid or on schedule, treatment completed, no new arrests, and stable employment or another sign of productive reentry.

Early termination is not automatic. You have to file a motion. If you have been on probation for a year or more without a violation and have completed the core conditions, a well-prepared request has a reasonable chance. If restitution is unpaid or treatment is unfinished, expect a denial. The best candidates are people on multi-year terms who have essentially run out of things left to accomplish under supervision.

Expunging a PBJ From Your Record

Much of PBJ’s value comes from expungement. A case ending in PBJ can be eligible for expungement, which removes information about the case from court and law enforcement records.⁷ Eligibility comes with waiting periods and restrictions that trip people up.

For most PBJ cases, you cannot petition for expungement if you were convicted of another crime within three years after the PBJ was entered. DUI and DWI cases carry a longer restriction: 15 years must pass without another conviction before you can seek expungement. PBJ for driving under the influence of drugs is not eligible for expungement at all.⁷

Case-level rules can also block expungement. If any charge in the same case is ineligible, the PBJ charge cannot be expunged either, with exceptions for minor traffic offenses and cannabis possession, which do not count against you.⁷ If the conduct underlying the PBJ or the subsequent conviction is no longer a crime under Maryland law, the usual bars on expungement do not apply.

Pending charges are also a blocker. You must wait until any open case is resolved before you file the petition. File too early and the petition will be denied, and you will have to refile. Check your record before submitting.

1
Maryland General Assembly. Maryland Code Criminal Procedure 6-221 – Suspension of Sentence or Probation After Judgment
2
Maryland General Assembly. Maryland Code Criminal Procedure 6-220 – Probation Before Judgment
3
Justia. Maryland Code Criminal Procedure 6-222 – Limits on Probation After Judgment; Extension for Restitution
4
Maryland Judiciary. Maryland Probation/Supervision Order Form
5
Maryland General Assembly. Maryland Code Criminal Procedure 6-223
6
New York Codes, Rules and Regulations. Maryland Rules, Rule 4-347 – Proceedings for Revocation of Probation
7
Maryland Judiciary. Expungement – Probation Before Judgment