Probation Rules in Maryland
Probation in Maryland lasts up to 5 years for felonies and 3 years for misdemeanors (in District Court). You may be placed on supervised or unsupervised probation, or receive a Probation Before Judgment (PBJ) which avoids a conviction. You must report to your probation agent, pass drug tests, pay fines and restitution, and avoid new offenses. Early termination may be available after completing at least one-third of your term with full compliance.
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Overview
Maryland uses an indeterminate sentencing system where probation terms and conditions are set by the judge with broad discretion. The state offers supervised and unsupervised probation, as well as the unique disposition of Probation Before Judgment (PBJ), which allows a defendant to avoid a conviction on their record. Probation is supervised by the Maryland Division of Parole and Probation (DPP) within the Department of Public Safety and Correctional Services. Maryland law (Criminal Procedure Article 6-220 through 6-235) governs probation terms and conditions.
Quick Answer
Probation in Maryland lasts up to 5 years for felonies and 3 years for misdemeanors (in District Court). You may be placed on supervised or unsupervised probation, or receive a Probation Before Judgment (PBJ) which avoids a conviction. You must report to your probation agent, pass drug tests, pay fines and restitution, and avoid new offenses. Early termination may be available after completing at least one-third of your term with full compliance.
Probation Types
| Type | Description | Max Length |
|---|---|---|
| Supervised Probation | The standard form of probation in Maryland requiring regular reporting to a probation agent. The agent monitors compliance with all court-ordered conditions, conducts drug testing, and may perform home visits. Reporting frequency depends on the supervision level and risk assessment and may range from weekly to monthly. Supervised probation is common for felony offenses and more serious misdemeanors. | 5 years (felony); 3 years (District Court misdemeanor) |
| Unsupervised Probation | A less restrictive form of probation that does not require regular reporting to a probation agent. The offender must still comply with all court-ordered conditions such as paying fines, avoiding new offenses, and completing required programs. The offender remains on probation and can be brought back to court for a violation at any time. Unsupervised probation is typically awarded in misdemeanor cases or where the judge believes the person poses little risk of reoffending. | 5 years (felony); 3 years (District Court misdemeanor) |
| Probation Before Judgment (PBJ) | A unique Maryland disposition where the judge strikes the guilty finding and places the defendant on probation without entering a conviction. A PBJ is not a conviction in Maryland, which means it may not appear as one on background checks (though the court record still exists). PBJ can be either supervised or unsupervised and is available for most offenses except those with mandatory minimum sentences. It is commonly used for first-time DUI offenders. | 5 years (felony); 3 years (District Court) |
| Intensive Supervision | An enhanced level of supervised probation for higher-risk offenders requiring more frequent contact with a probation agent, stricter monitoring, and additional conditions such as electronic monitoring, curfews, or mandatory treatment programs. Intensive supervision is used as an alternative to incarceration for offenders who need closer oversight. | Set by the court; typically within the standard maximums |
Probation Conditions
- ✓Regular Reporting
Report to your probation agent as directed, which may include in-person meetings at the DPP office, phone check-ins, or home visits. Frequency is based on your supervision level.
- ✓Drug and Alcohol Testing
Submit to random or scheduled drug and alcohol testing as directed. Abstain from alcohol and illegal substances. Positive results or refusal to test is a violation.
- ✓Maintain Employment
Obtain and maintain lawful employment or be enrolled in an approved educational or vocational program. Notify your agent of any changes in employment status.
- ✓No New Criminal Offenses
Do not commit any new criminal offenses. Any arrest or citation must be reported to your probation agent promptly.
- ✓Pay Fines, Costs, and Restitution
Pay all court-ordered fines, court costs, supervision fees, and restitution to victims on the schedule established by the court.
- ✓Community Service
Complete a specified number of community service hours at an approved organization as ordered by the court.
- ✓No Firearms
Do not possess, own, or have access to any firearms or dangerous weapons. This applies to felony probationers under both state and federal law.
- ✓Substance Abuse Treatment
Participate in and complete any court-ordered substance abuse assessment, treatment programs, or counseling as directed.
- ✓Travel Restrictions
Obtain permission from your supervising agent before leaving the jurisdiction. Out-of-state travel requires advance written approval.
- ○Mental Health Treatment
Attend and complete any court-ordered mental health evaluations, counseling, or treatment programs.
- ○No Contact Orders
Avoid contact with specified individuals including victims, co-defendants, or witnesses as ordered by the court.
- ○Residential Restrictions
Reside at an approved address and notify your probation agent before changing your residence. Certain offenses may restrict where you can live.
✓ = typical condition ○ = case-specific
Violations
| Type | Examples | Consequences |
|---|---|---|
| Technical Violations | Missing appointments with probation agent, failing a drug test, not completing community service, failing to pay fines or fees, changing address without notification, failing to maintain employment | Graduated sanctions including verbal warning, increased reporting frequency, modified conditions, mandatory treatment, additional community service, short-term detention, or stricter supervision level |
| Substantive Violations (New Criminal Offense / Rule 4 Violation) | Being arrested for or charged with any new criminal offense while on probation, including DUI, drug possession, theft, assault, or domestic violence | Arrest warrant issued, probation revocation hearing before the sentencing judge, potential revocation with imposition of up to the maximum original sentence. The new offense is prosecuted separately. |
| Travel Violations | Leaving the state or jurisdiction without written permission, failing to return from approved travel, relocating without Interstate Compact transfer | Increased supervision, travel restrictions tightened, possible electronic monitoring, or probation revocation depending on severity and compliance history |
| Absconding | Failing to report to probation agent for an extended period, fleeing the jurisdiction, becoming unreachable | Warrant issued for arrest, probation revocation proceedings, potential imposition of the maximum original sentence upon apprehension |
Early Termination of Probation
Available.
Travel Rules
Probation vs Parole
In Maryland, probation is imposed by the sentencing judge as an alternative to incarceration, while parole is granted by the Maryland Parole Commission after an offender has served a portion of their prison sentence. Both are supervised by the Division of Parole and Probation (DPP). A key distinction is that Maryland offers Probation Before Judgment (PBJ), which avoids a conviction on your record entirely, an option not available with parole. Probation conditions are set by the court, while parole conditions are set by the Parole Commission. Violating probation returns your case to the sentencing judge, while parole violations are handled by the Parole Commission.
Frequently Asked Questions
- What is Probation Before Judgment (PBJ) in Maryland?
- PBJ is a Maryland disposition where the judge strikes the guilty finding and places you on probation without entering a conviction. It is not a conviction, so it will not appear as one on most background checks. PBJ is available for most offenses except those with mandatory minimums and is commonly used for first DUI offenses. You can be on supervised or unsupervised PBJ.
- How long does probation last in Maryland?
- Probation can last up to 5 years for felony offenses and up to 3 years for misdemeanors in District Court. The court may impose a shorter term at its discretion. Some offenses may carry longer periods. Your specific term is set by the judge at sentencing.
- Can I get off probation early in Maryland?
- Yes. You may petition for early termination after serving at least one-third of your probation period with no violations and full compliance with all conditions. Your attorney files a motion with the court, which will consider your compliance record, the probation agent's recommendation, and the nature of the original offense.
- What happens if I violate probation in Maryland?
- For technical violations, the court typically uses graduated sanctions such as warnings, increased supervision, or short-term detention. For new criminal offenses (Rule 4 violations), you face a revocation hearing and may be sentenced to up to the maximum for the original offense. The judge has broad discretion in determining consequences.
- Can I travel out of state on probation in Maryland?
- On supervised probation, you must get advance written permission from your agent. On unsupervised probation, if your court paperwork does not include specific travel restrictions, you may be able to travel without notification. However, leaving Maryland without approval when restricted is a technical violation. Always check your specific conditions.
- What is the difference between supervised and unsupervised probation in Maryland?
- Supervised probation requires regular reporting to a probation agent, drug testing, and active monitoring. Unsupervised probation does not require reporting to an agent, but you must still comply with all court-ordered conditions and can be brought back to court for violations at any time. Unsupervised probation is typically for lower-risk misdemeanor cases.
- Will a PBJ show up on my record?
- A PBJ is not a conviction in Maryland, so it should not appear as a conviction on standard background checks. However, the court record of the charge and PBJ disposition still exists and may be visible in court record searches. For DUI purposes, a PBJ still counts as a prior offense. You may be eligible to have a PBJ expunged after 3 years.
- Can my probation be modified in Maryland?
- Yes. Maryland law allows the court to modify, clarify, or terminate any conditions of probation after giving you an opportunity to be heard. Your attorney can file a motion to modify conditions if circumstances have changed, such as a new job requiring travel or completion of all required programs.
- Do I need a lawyer for a probation violation hearing in Maryland?
- While not constitutionally required for all probation violation hearings, having an attorney is strongly recommended. A lawyer can challenge the evidence against you, present mitigating factors, negotiate with the State's Attorney, and argue for alternatives to revocation. Public defenders may be available if you qualify.
- Can I own a firearm on probation in Maryland?
- Felony probationers are prohibited from possessing firearms under both Maryland and federal law. Even some misdemeanor convictions (such as domestic violence offenses) carry a firearms prohibition. If you received a PBJ, the firearms prohibition may not apply in all cases, but consult your attorney for guidance.
Take Action — Direct Links
- Maryland Division of Parole and Probation
Official state agency overseeing probation and parole supervision in Maryland, with information on reporting, conditions, and contact information for local offices.
- Maryland Criminal Procedure 6-220 to 6-235 - Probation
Maryland statutes governing probation terms, conditions, modification, and revocation procedures.
- Maryland Courts - Probation/Supervision Conditions Form
Official court form listing standard and special conditions of probation in Maryland.
- Probation Information Network - Maryland
Plain-language resource with information about Maryland probation restrictions, travel rules, and common conditions.
- Maryland Legal Aid
Free legal assistance for low-income Maryland residents who need help navigating probation conditions, filing for early termination, or addressing violations.