Petty Theft in Maryland: Penalties, Civil Demand, and PBJ

Maryland law doesn’t use the phrase “petty theft,” but what people mean by it maps onto the lower half of the state’s single theft statute: anything under $1,500 is a misdemeanor, and anything at or above $1,500 is a felony.¹ Within the misdemeanor range, how much trouble you’re in depends on the exact dollar value, how many prior theft convictions you carry, and whether the merchant decides to pursue civil damages on top of the criminal case.

Misdemeanor Penalty Tiers

Maryland splits misdemeanor theft into two value brackets and then layers a habitual-offender enhancement on top. Restitution is mandatory at every tier.¹

Theft Under $100

The lowest tier carries up to 90 days in jail and a fine of up to $500, plus restitution.¹ Judges often rely on the fine and restitution alone rather than imposing jail at this level, especially for a first offense, though they aren’t required to. A conviction here still creates a permanent criminal record unless you later get it expunged.

Theft Between $100 and $1,500

A first conviction in this bracket carries up to six months in jail and a fine of up to $500. A second or later conviction doubles the maximum jail time to one year; the fine cap stays at $500.¹ Restitution applies either way.

Four or More Prior Convictions

If you have four or more prior theft convictions and are convicted again for property or services under $1,500, the exposure jumps to five years in prison and a $5,000 fine. The charge is still a misdemeanor in name, but the sentence rivals felony punishment. The court can only impose this enhancement if the State’s Attorney files advance notice listing the prior convictions at least 15 days before trial or before accepting a guilty plea.²

What Counts as Theft

Under Criminal Law § 7-104, theft happens when you knowingly take or exercise unauthorized control over someone else’s property, intending to deprive the owner of it.¹ Shoplifting is the obvious example, but the same statute reaches:

Obtaining property or services through deception, such as using a false identity.
Possessing property you know or believe to be stolen, even if someone else took it.
Leaving without paying for services, like walking out on a restaurant check or a cab fare.

What matters is intent to deprive. That’s also what separates theft from unauthorized use (the Maryland version of what some states call joyriding), which is a different misdemeanor carrying up to four years and requires a different mental state.

Where the Misdemeanor Line Ends

At $1,500, misdemeanor theft becomes felony theft, punishable by up to five years in prison and a $10,000 fine in the $1,500–$24,999 bracket, with higher penalties above that.¹

You don’t have to steal $1,500 in one incident to end up with a felony. Under the aggregation rule in Criminal Law § 7-103, if several thefts are part of one scheme or a continuing course of conduct, prosecutors can combine the values into a single charge. An employee skimming $200 a week from a register can be charged with one felony once the running total crosses $1,500, and the combined charge can be brought in any county where any of the individual thefts occurred.³

The Civil Demand from the Merchant

Criminal charges aren’t the only exposure. Under Courts and Judicial Proceedings §§ 3-1301 through 3-1305, Maryland merchants have a separate civil recovery path against anyone (adult or minor) who commits or attempts shoplifting or employee theft. Parents and legal guardians of an unemancipated minor are included in the statute’s definition of a “responsible person.”⁴

The responsible person must return the merchandise or, if the goods can’t be recovered or are damaged, pay the merchant’s stated sales price. The merchant can also seek actual damages, though not for staff time or wages spent catching and prosecuting the thief.⁵ If the merchant wins, the court can tack on costs and reasonable attorney’s fees.⁶

This civil claim runs on its own track. Winning the criminal case doesn’t make the civil demand go away, and paying the civil demand doesn’t resolve the criminal case. The demand letter usually arrives weeks after the incident, which is often the first time people realize both tracks exist.

Ways to Avoid a Conviction

For first-time offenders, two outcomes can keep a theft conviction off your record. Neither is automatic. Both depend on the prosecutor and the judge.

Stet Docket

A stet is an indefinite postponement. The prosecutor places the case on the inactive docket for up to three years instead of taking it to trial, usually in exchange for conditions like community service, counseling, or restitution. During the first year either side can reopen the case; after that, reopening requires good cause. If no one reopens the case within three years and you’ve complied with the conditions, you can seek expungement.⁷ A stet is neither a conviction nor an acquittal, but it keeps a guilty verdict off your record.

Probation Before Judgment

Probation before judgment, or PBJ, comes after a finding of guilt. The court stays the entry of a conviction and places you on probation. Finish probation successfully and the court discharges you without ever entering a judgment, which under Maryland law is not a conviction for purposes of any legal disqualification or disability.⁸

Violate probation and the court can enter the conviction and sentence you up to the maximum for the original charge.⁸ A PBJ on a $400 shoplifting case that turns into a violation can end with six months in jail. One more thing to flag: immigration authorities generally treat a PBJ as a conviction even though Maryland doesn’t. Non-citizens should get immigration-specific advice before accepting one.

Clearing the Record Later

How soon you can expunge a theft case depends on how it ended.

Acquittal, dismissal, or nolle prosequi entered on or after October 1, 2021: the court expunges the record automatically after three years, and you can petition sooner. No filing fee.⁷
Stet: eligible for expungement three years after the stet, assuming the case was not reopened and you have no new convictions in that window. No filing fee.⁷
Probation before judgment: eligible after you successfully complete probation. No filing fee.
Guilty conviction under § 7-104: eligible five years after the conviction or after you finish the full sentence (including probation), whichever comes later. The filing fee is $30 per case and is nonrefundable.⁷

Petitions go to the court that handled the original case. If you can’t afford the fee, you can request a waiver. Unpaid restitution can affect eligibility, so courts look at whether you’ve paid what was ordered or whether you genuinely lack the ability to pay.

Restitution Isn’t Optional

Every misdemeanor theft tier requires you to return the stolen property or pay the owner its value.¹ Separately, under Criminal Procedure § 11-603, the court can order restitution for direct out-of-pocket losses, lost earnings, and expenses the victim incurred because of the crime.⁹ You cannot swap restitution for a bigger fine. It is owed whether you serve jail time, get probation, or receive a stet, and unpaid restitution can block a future expungement.

Statute of Limitations

Misdemeanor prosecutions in Maryland generally have to be filed within one year of the offense.¹⁰ Miss the window and the state loses the ability to charge. There is no limitations period for felony theft, so a $1,400 case has a ticking clock while the same conduct aggregated past $1,500 does not.

1
Maryland General Assembly. Maryland Code Criminal Law 7-104 – General Theft Provisions
2
Maryland General Assembly. Maryland Code Criminal Law 7-104 – Theft
3
Maryland General Assembly. Maryland Code Criminal Law 7-103
4
Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 3-1301
5
New York Codes, Rules and Regulations. Maryland Code Courts and Judicial Proceedings 3-1302 – Civil Liability of Responsible Persons
6
Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 3-1305 – Civil Action by Merchant
7
Maryland Courts. Expungement
8
Maryland General Assembly. Maryland Code Criminal Procedure 6-220
9
Maryland General Assembly. Maryland Code Criminal Procedure 11-603 – Restitution Determination
10
Maryland General Assembly. Maryland Code Courts and Judicial Proceedings 5-106 – Prosecution for Misdemeanors