Access to Judicial Records

What types of records are considered judicial records?
There are five (5) types of judicial records:

• Administrative Records - those that relate to personnel, budgetary, or operational administration; information technology; the safety and security of judicial personnel, facilities, equipment, or programs; the development and management of electronic data; or that constitute judicial or other professional work product;
• Case Records - those that were filed with the clerk of a court in connection with litigation that was filed in or transferred to the court;
• License Records - those that relate to the issuance of licenses by the Circuit Court clerks pursuant to statutes;
• Notice Records - those, such as land records, that are filed with circuit court clerks for the sole purpose of recording, preserving, and providing public and constructive notice of them; OR
• Special Judicial Unit Records - those maintained by four (4) special judicial units ((1) the State Board of Law Examiners, the Accommodations Review Committee, and the Character Committees; (2) the Attorney Grievance Commission and Bar Counsel; (3) the Commission on Judicial Disabilities, the Judicial Inquiry Board, and Investigative Counsel; and (4) the Client Protection Fund) that are subject to special rules of confidentiality.

What judicial records can the public access?
Judicial records are presumed to be open to the public for inspection except as restricted by the Constitution of the United States, the Maryland Constitution, the Maryland Rules of Procedure, federal law, applicable state law, court order, or case law. Except as otherwise provided, the custodian of a judicial record shall permit an individual appearing in person in the office of the custodian during normal business hours, to inspect the record in accordance with Rules 16-922 and 16-924. Inspection of case records through the MDEC program is governed by Title 20 of the Maryland Rules.

What kinds of records are not available to the public?
Some categories of judicial records the public cannot access include:

• All case records filed in the following actions involving children:
  • Actions filed under Title 9, Chapter 100 of the Maryland Rules for:
    • adoption;
    • guardianship; or
    • revocation of a consent to adoption or guardianship for which there is no pending adoption or guardianship proceeding in that county.
    • A case record that has been ordered expunged pursuant to Rule 4-508 (Expungement of Records).
    • Certain records pertaining to a warrant, application, and supporting affidavit prior to execution of the warrant and the filing of the records with the clerk and executed search warrants and all papers attached pursuant to Rule 4-601, except as authorized by a judge under that Rule.
    • Certain records pertaining to an arrest warrant.
    • Case records involving the refusal of a person to testify in a criminal action against the person’s spouse.
    • A presentence investigation report.
    • A case record pertaining to a criminal investigation by a grand jury, State’s Attorney, State Prosecutor, or Attorney General.
    • Unless entered into evidence at a hearing or trial or otherwise ordered by the court, a case record pertaining to (i) a pen register or trace device applied for or ordered pursuant to Rule 4-601.1, (ii) an emergency order applied for or entered pursuant to Rule 4-602, (iii) the interception of wire or oral communications applied for or ordered pursuant to Rule 4-611, or an order for electronic device location information applied for or entered pursuant to Rule 4-612.
    • A case record required to be shielded by Code, Criminal Procedure Article, Title 10, Subtitle 3 (Incompetency and Criminal Responsibility).

    Access to Case Records - Shielding, Sealing, and Expungement

    How can I request that information being placed in a case record be kept confidential?
    A person who files or authorizes the filing of a case record must inform the custodian, in writing, whether, in the person's judgment, the case record, any part of the case record, or any information contained in the case record is confidential and not subject to inspection under the Rules governing access to judicial records, Maryland Rules 16-901 through 16-934.

    If a case record or any part of the case records contains information that is confidential and not subject to inspection pursuant to the Rules, a petition to seal or otherwise limit inspection must be filed with the court and ruled on by a judge.

    An individual may request shielding of certain information, such as the address, telephone number, and e-mail address of a victim, victim’s representative, or witness in a criminal action, juvenile delinquency action, or an action under Code, Family Law Article, Title 4, Subtitle 5, who has requested that such information be shielded.
    CC-DC-052 - Request to Shield My Address / Telephone Number in a Criminal Case Record
    CC-DC-053 - Petition to Seal or Otherwise Limit Inspection of a Case Record
    CC-DC-CR-001s – Request for Shielding of Information

    How can I request permission to inspect case records that have been sealed/shielded?
    A party to an action in which a case record is filed may file a motion to permit inspection of a case record that is not otherwise subject to inspection under the Rules.
    CC-DC-054 - Petition to Permit Inspection of a Case Record

    What is expungement?
    Expungement is the removal of records from public inspection. In Maryland, records may be expunged from 1) Motor Vehicle Administration files, 2) police files and 3) court and police files. Each process removes very specific files and must be done through the proper agency. You must apply for expungement of each arrest based on the date of arrest and according to the disposition. No process expunges the records from all agencies.

    To find out more information concerning the expungement process, please see the CC-DC-CR-072BR - Expungement Brochure.

    How is shielding different from expungement?
    Shielding keeps some or all information in a case private from public inspection, under certain circumstances. Expungement removes court and police records from public inspection.

    How can I find out more information regarding shielding criminal records?
    Visit the District Court’s webpage concerning shielding of criminal records for more information.

    Viewing and Obtaining Information Regarding Judicial Records

    How can I view a judicial record or obtain a copy of a judicial record?
    Most judicial records are in the custody of a local Clerk’s Office. To inquire about reviewing a case file or request documents within a case file, please contact the Clerk’s Office at the courthouse where the case was filed or where the hearing or trial was held. Based on the District Court's Records Retention and Disposal Schedule, certain case records may not be physically housed at the court location.

    Can I access judicial records online?
    "Remote access" means the ability to inspect, search, or obtain a copy of a judicial record by electronic means from a device not under the control of the Maryland Judiciary.

    Remote access to information in case records means access through the CaseSearch program operated by the Administrative Office of the Courts or through the MDEC System established by the Supreme Court of Maryland. CaseSearch does not provide access to a complete record, but only selected elements or information in a case record.

    Access to electronic case records through a terminal or kiosk located in a courthouse of the District Court, a circuit court, or an appellate court of this State and made available by the court for public access does not constitute remote access.

    How can I obtain a transcript or recording of a District Court proceeding?
    The District Court of Maryland is a court of record, which means that all proceedings before the court are recorded. A typed transcript of a proceeding will be produced under certain limited conditions. Recordings on compact disc format may be requested by anyone. For more information, visit the Transcripts and Recordings webpage.

    Are there fees for looking at and copying judicial records?
    Unless otherwise expressly permitted by the Rules, a custodian may not charge a fee for providing access to a judicial record that can be made available for inspection, in paper form or by electronic means, with less than two hours of effort by the custodian or other judicial employee.

    A custodian may charge a reasonable fee if two hours or more of effort are required to provide the requested access. In determining the level of effort required, the custodian may consolidate separate requests by the same or affiliated requesters for similar or affiliated categories of records filed within a close proximity of time, as determined by the custodian.

    The custodian may charge a reasonable fee for making or supervising the making of a copy or printout of a judicial record.

    The custodian may waive a fee if, after consideration of the ability of the person requesting access to pay the fee and other relevant factors, the custodian determines that the waiver is in the public interest.

    Who do I contact to request public records or if I have a question?
    For more information, visit the Public Information Request Page

    Can I obtain judicial records in bulk?
    Yes, subject to certain limitations. To request court data, contact the Administrative Office of the Courts' (AOC) Public Information Act (PIA) representative.

    The Maryland Judiciary makes information about civil judgments and satisfactions recorded and indexed in the District Court of Maryland available on a subscription basis. For more information on how to obtain bulk civil judgment and satisfaction data, see the DCA-107 - Information and Request for Data Form.

    Maryland Rules Governing Access to Judicial Records

    Where can I find more specific information regarding the Md. Rules that govern access to judicial records?
    For more details, consult Rules 16-901 through 16-934