Local DUI Laws

In Maryland, getting charged with driving under the influence (DUI) isn’t just a matter of points on your license—it also has lasting implications for your criminal history. Many people are unsure whether a DUI is considered a criminal offense or just a traffic violation. This confusion can have consequences when it comes to job applications, background checks, and long-term planning.

The reality is that a DUI in Maryland does go on your criminal record, and the impact can be long-term or even permanent. This post clarifies what that means, who can access that record, and how it may affect your life. It also explains the legal classification of a DUI in Maryland and whether any forms of relief—such as expungement or probation—can change how the offense appears in your history.

Whether you’re facing your first DUI or just want to understand the implications, this guide will break it down clearly, without legal jargon or confusing terminology.

A DUI in Maryland Is a Criminal Offense

A DUI in Maryland is classified as a criminal offense, not a civil infraction. That means a conviction will be documented on your permanent criminal record, just like other crimes such as theft or assault. This is true even for first-time offenders.

Maryland law treats DUI violations seriously due to the risk they pose to public safety. A standard first-time DUI is usually a misdemeanor, but under certain circumstances—such as repeat offenses or accidents involving injury—it can lead to more severe charges and consequences.

Because a DUI is criminal in nature, the process involves arrest, charges filed in criminal court, and potential penalties like jail time, fines, and probation. Once convicted, that record becomes part of your criminal history.

This criminal classification is key because it means that your DUI offense will be visible during criminal background checks performed by employers, government agencies, and licensing boards.

What Appears on Your Criminal Record After a DUI?

When you’re convicted of a DUI in Maryland, multiple items can appear on your criminal record, including:

• The date of arrest and charge
• The statute under which you were charged (e.g., Transportation Article § 21-902)
• The disposition of the case (e.g., guilty, probation before judgment)
• Any sentence imposed (jail time, probation, fines)

All of this information is stored in the Maryland Judiciary Case Search system and can also be accessed by federal databases used for criminal background checks.

Importantly, even if the court issues a Probation Before Judgment (PBJ), this still appears on your criminal record. PBJ is not a conviction, but it is visible to many entities and can carry implications depending on who is requesting the background check.

Who Can See a DUI on Your Criminal Record?

A wide range of institutions and organizations can view your criminal record, and a DUI offense—whether a conviction or a PBJ—can be seen by:

• Employers (especially those requiring background checks)
• Professional licensing boards
• Government agencies
• Educational institutions
• Landlords
• Insurance companies (in conjunction with driving record)

In Maryland, many employers use third-party background check services that pull data from both state and federal criminal records. While some employers may be lenient about older offenses, others—especially in transportation, healthcare, or finance—may consider a DUI a significant red flag.

Even housing providers and licensing agencies can weigh a DUI when making decisions. This broad visibility is why understanding the criminal nature of a DUI is so important.

Can a DUI Be Removed From Your Criminal Record in Maryland?

In most cases, a DUI conviction cannot be removed from your criminal record in Maryland. The state’s expungement laws are strict, and DUI offenses are specifically excluded from standard expungement eligibility.

Here’s what that means:

• DUI Conviction: Cannot be expunged under current Maryland law.
• PBJ (Probation Before Judgment): Typically not eligible for expungement if the case involved a DUI, though some exceptions may exist in non-alcohol-related driving cases.
• Dismissed or Acquitted Charges: If your DUI charge was dismissed or you were found not guilty, you can request expungement of the record—after a waiting period, and only if you meet all other conditions.

This means that for most people, a DUI will remain on their criminal record permanently, with no mechanism for removal.

The Long-Term Impact of a DUI on Your Record

A DUI doesn’t just result in short-term penalties like fines or license suspension—it can affect your life long after the case is closed.

Here are a few key long-term implications:

• Job Prospects: A DUI may reduce your chances of getting certain jobs, particularly in industries that involve driving, public trust, or safety-sensitive roles.
• Professional Licenses: If you’re seeking or renewing a license in professions like healthcare, law, or teaching, a DUI may be considered during the review process.
• Educational Opportunities: Some college programs and scholarships may be affected by criminal records.
• Housing Applications: Landlords and property managers often perform background checks, and a DUI can be viewed negatively.
• Security Clearance: If you’re applying for a government job or military position, a DUI may influence your eligibility.

These consequences often extend far beyond the initial court process. That’s why knowing the criminal nature of a DUI is essential for understanding its potential future impact.

What Happens If You Get a PBJ Instead of a Conviction?

Maryland offers some DUI defendants a legal option known as Probation Before Judgment (PBJ). This alternative to a standard conviction means that although you plead guilty or are found guilty, the court withholds entering a formal conviction and places you on probation.

If you complete the probation successfully, you won’t have a DUI conviction on your record. However:

• The PBJ still appears on your criminal record
• It is still visible to most employers and agencies
• It does not eliminate administrative penalties with the MVA
• It may still count as a prior offense for future DUIs

PBJ can be a helpful outcome for first-time offenders, but it doesn’t fully erase the event from your legal history. It’s more like a deferral than a dismissal.

How a DUI Record Affects You Years Later

Even though the practical impact of a DUI may lessen over time, it never completely disappears from your criminal record. This can be important in a few specific ways:

• Repeat Offenses: A previous DUI—even one more than 10 years old—can influence sentencing or eligibility for PBJ if another offense occurs.
• Career Advancement: Some employers may perform background checks not just at hiring, but during promotions or security reviews.
• Public Records: In Maryland, case information remains accessible online via court record databases unless expunged.

There’s no automatic “expiration date” on a criminal record entry. Unless your case qualifies for expungement (which is rare with DUI), it stays part of your legal history indefinitely.

What Should You Expect After a DUI Conviction?

If convicted of a DUI in Maryland, you can expect:

• A permanent mark on your criminal record
• Public access to your case via court records
• Ongoing impacts to employment, licensing, or housing
• Limited options for removal or sealing

Unlike traffic violations, a DUI conviction remains in legal databases and is often treated similarly to other criminal offenses. It may follow you throughout your life, especially if you work in sensitive industries or plan to apply for high-responsibility roles.

FAQ: Criminal Records and DUI in Maryland

Is a DUI in Maryland considered a crime?
Yes. A DUI is a criminal offense and is treated as such by the courts and law enforcement.

Will a DUI show up on background checks?
Yes. DUI convictions and PBJs appear on criminal background checks, even years later.

Can I expunge a DUI from my record in Maryland?
No. Maryland law does not allow expungement of DUI convictions. Dismissed or acquitted cases may be eligible.

Does a PBJ count as a conviction?
No, but it still shows up on your record and may be considered in future legal or employment matters.

Will my DUI always affect job applications?
It may not always prevent employment, but it will appear in background checks unless expunged, which is rare.

Conclusion

In Maryland, a DUI is more than just a traffic issue—it’s a criminal offense that goes on your permanent record. Whether you’re convicted or receive a PBJ, your record will reflect the incident and may influence future employment, licensing, and personal opportunities.

Understanding this distinction helps clarify why DUI charges have such lasting impact. While the penalties may eventually end, the record often remains. It’s essential to know how these records are maintained, who can access them, and what long-term consequences they may carry.

For a deeper explanation of how DUI convictions affect your long-term standing, visit the DUI Records And Long Term Impact page. If you want to learn more specifically about how long a DUI stays on your record, explore our dedicated guide: How Long a DUI Stays on Your Record.