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.
In Charles County District Court and Circuit Court, PBJ is regularly considered for eligible defendants. Judges in Charles County will evaluate factors such as the nature of the offense, your criminal history, your personal circumstances, and whether you have taken responsibility for your actions. Having an attorney who regularly practices in Southern Maryland courts — and who understands the expectations of local judges and prosecutors — can make a significant difference in whether PBJ is offered.
For defendants in drug-related cases, completion of a treatment program or substance abuse evaluation may improve the chances of receiving PBJ. Similarly, for assault charges or misdemeanor offenses, demonstrating that you have taken steps such as anger management classes or community service can support a PBJ request. The key is presenting a compelling case to the judge that PBJ serves both your interests and the interests of justice.
If you are facing criminal charges in Charles County, Calvert County, St. Mary’s County, or Prince George’s County and want to know whether PBJ might be an option in your case, we offer free consultations. Call (301) 818-0389 to speak with an experienced defense attorney.
Can I get PBJ for a felony in Maryland?
PBJ is available for most criminal offenses in Maryland, including some felonies. However, certain serious felonies — such as crimes of violence carrying penalties of 20 years or more — are not eligible. The judge has broad discretion in deciding whether to grant PBJ in Charles County, Calvert County, St. Mary’s County, and Prince George’s County courts.
Does a PBJ show up on a background check?
A PBJ is not a conviction, but it may still appear on your criminal record until it is expunged. In Southern Maryland, you may petition for expungement of a PBJ three years after successfully completing your probation. Once expunged, it should no longer appear on most background checks.
How does PBJ affect my driver’s license for a DUI?
For DUI and DWI charges, receiving PBJ means that the conviction is not reported to the MVA for points purposes, which can help you keep your license. However, you may still face an administrative suspension from the MVA that is separate from the court case. An experienced DUI defense attorney in Southern Maryland can explain how PBJ interacts with the MVA process in your specific situation.
Talk to a Criminal Defense Lawyer About PBJ
Probation before judgment can be a powerful tool for protecting your future, but it is not automatic and it is not guaranteed. Having an experienced criminal defense attorney negotiate on your behalf — one who understands how PBJ works in Charles County and throughout Southern Maryland — can significantly improve your chances of securing this outcome.
Call SoMD Criminal Defense at (301) 818-0389 or contact us online for a free consultation. This article provides general information about probation before judgment in Maryland and should not be considered legal advice for your specific situation.
