Legal Question in Criminal Law in Maryland

Is pbj consider probation?Also does it show up on your background check?


Asked on 1/13/10, 3:42 pm

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

Probation before judgement is probation, and it does appear on a criminal record, unless you successfully petition to have it expunged.

Sophisticated readers of criminal records will understand that there was a guilty finding that the court has withheld. The guilty finding will not be entered, provided that the probation is completed satisfactorily. If the probation is violated, then the court may enter the guilty finding and impose up to the statutory maximum sentence. That action is not appealable, because the initial entry of pbj required waiver of the right to appeal the court's decision.

There may be ways to challenge the pbj, but they are fact specific, and the likelihood of success carries long odds.

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Answered on 1/18/10, 3:59 pm


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