In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In Maryland, criminal records, which include arrests, convictions, and other proceedings, are generally accessible to the public. However, under certain conditions, these records may be expunged or sealed. Expungement removes the records from public view, while sealing restricts access, making the records unavailable to private parties but still accessible to government agencies and potentially admissible in certain court proceedings. Maryland law provides specific criteria under which criminal records can be expunged, such as if the charge was dismissed, resulted in a not guilty verdict, or if the individual was granted a pardon, among other scenarios. For records that cannot be expunged, Maryland allows for shielding under certain circumstances, which limits public access to the records. Some records are inherently private, such as juvenile records, unexecuted warrants, and documents revealing defense strategies. Additionally, Maryland judges have the discretion to seal documents or close hearings to protect individuals, safeguard ongoing investigations, ensure due process, or maintain national security. The specifics of sealing or nondisclosure are detailed in Maryland's statutes, and the process may vary based on the nature of the offense and other legal considerations.