If you’ve been charged with a crime or traffic offense in Maryland, you may have heard the term probation before judgement (PBJ). This unique legal option can make a huge difference in protecting your record, but many people don’t fully understand what it means, when it’s available, and how it works. Below, we break down everything you need to know about probation before judgement in Maryland.
What Is Probation Before Judgement?
Probation before judgement is a disposition available under Maryland law that allows a judge to strike a guilty finding and place a defendant on probation instead of entering a conviction. In other words, you admit guilt or are found guilty, but the court withholds entering that conviction on your record.
If you successfully complete the probation terms, the guilty finding never becomes a conviction. This can be critical for protecting your criminal or driving record.
Benefits of Probation Before Judgement
Receiving probation before judgement can provide significant advantages, including:
- No conviction on your record: A PBJ means the charge will not show up as a conviction in Maryland court records.
- Protection of your driver’s license: In DUI and traffic cases, PBJ can prevent points from being assessed against your license.
- Future expungement eligibility: In many cases, probation before judgement can be expunged from your record after a waiting period (typically 3 years from the end of probation).
- Employment and housing advantages: Because a PBJ is not a conviction, it can reduce the impact of background checks when applying for jobs, housing, or school.
Limits of Probation Before Judgement
While probation before judgement is a powerful option, there are important limitations:
- Counts as a prior in some cases: For example, if you receive a PBJ for DUI, and are later arrested for a second DUI within 10 years, the PBJ will count as a first offense.
- Not available for all charges: PBJ is generally not available for second DUI offenses within 10 years, certain violent crimes, and other serious offenses.
- Probation conditions apply: If you violate probation, the judge can strike PBJ and impose the original conviction and sentence.
- Still visible to some entities: PBJ remains on your Maryland court record, even if it’s not technically a conviction.
Probation Before Judgement in Southern Maryland
Judges in Prince George’s, Charles, Calvert, and St. Mary’s Counties often use probation before judgement for first-time offenders in criminal and traffic cases. However, whether you receive PBJ depends on many factors, including:
- The type of charge
- Your criminal history
- The circumstances of the case
- The judge’s discretion
An experienced Southern Maryland criminal defense lawyer can argue for probation before judgement on your behalf and help you understand if it’s the best option for your situation.
Expungement of Probation Before Judgement
One of the biggest benefits of PBJ is that it can eventually be expunged. In most cases, you must wait three years after the completion of probation, unless you get earlier permission from the court. Once expunged, the record of probation before judgement is removed from public view, giving you a clean slate.
Frequently Asked Questions About Probation Before Judgement
Is probation before judgement the same as unsupervised probation?
No. PBJ is a type of disposition that avoids a conviction. Probation can be supervised or unsupervised, depending on the judge’s order.
Does probation before judgement show up on a background check?
Yes, PBJ will appear on Maryland case search records until expunged, but it does not count as a conviction.
Can I get probation before judgement for DUI?
Yes, if it is your first DUI offense and you meet eligibility requirements. A second DUI within 10 years makes you ineligible for PBJ.
Can I expunge probation before judgement?
Yes. Most PBJs can be expunged after 3 years from the completion of probation, unless you are convicted of a new offense during that time.
Speak With a Southern Maryland Criminal Lawyer
If you are facing criminal or traffic charges, probation before judgement may be a way to avoid a conviction on your record. At Southern Maryland Criminal Defense, we represent clients in Prince George’s, Charles, Calvert, and St. Mary’s Counties and fight to protect their future.
👉 Schedule a free consultation today to discuss whether probation before judgement may apply to your case.
