Probation Before Judgment (PBJ) is a Maryland court disposition that lets you resolve criminal charges without a conviction appearing on your record—if you successfully complete probation. It's one of the most valuable outcomes available in Maryland criminal law, but many people don't know it exists or how to get it.
What is PBJ?
A PBJ is a conditional resolution of criminal charges. Here's how it works:
The court "withholds" judgment—meaning the judge doesn't enter a guilty verdict. Instead, the court suspends the case and places you on probation, usually for 1-3 years depending on the charge and circumstances.
During probation, you must follow specific conditions. These typically include:
- Regular check-ins with a probation officer
- Staying out of trouble (no new arrests)
- Compliance with any special conditions (counseling, community service, fines, etc.)
- Maintaining employment or pursuing education
If you successfully complete probation, the charges are dismissed and no conviction is entered on your record. It's like the case never happened—at least for most purposes.
If you violate probation, the court can enter a guilty verdict and impose the original sentence (jail, fines, etc.).
The key advantage: You get a second chance. If you comply with probation, you can have the charges dismissed and your record cleared—without a conviction.
Who is Eligible for PBJ in Maryland?
Not everyone is eligible. Maryland law limits PBJ to certain offenses and circumstances.
What charges can be PBJ'd?
You cannot get a PBJ for:
- Violent crimes (assault, robbery, rape, murder, etc.)
- DUI/DWI — if, within the past 10 years, you were convicted of or received a PBJ for a DUI/DWI (a first-time DUI, or one outside that 10-year window, can still qualify)
- Driving with a suspended license (third or subsequent)
- Sex offenses
- Drug distribution (possession with intent to distribute)
You can potentially get a PBJ for:
- Drug possession (first-time, non-violent)
- DUI (first offense)
- Theft/larceny (depending on amount and prior record)
- Disorderly conduct, trespassing, minor property crimes
- Many misdemeanors and lower-level felonies
The specific charge matters, but also:
- Your criminal history. First-time offenders have a much better chance of getting a PBJ.
- The judge's discretion. Different judges have different approaches to PBJ. An experienced attorney knows which judges are more favorable.
- The prosecutor's position. Prosecutors can oppose a PBJ, though judges aren't bound by their objection.
How Do You Get a PBJ?
PBJ isn't automatic—you have to ask for it, and ideally, negotiate it.
The process
1. You resolve the guilt question. Most PBJs follow a guilty or "no contest" plea. Maryland also allows a PBJ by agreement on a not-guilty plea, where the court finds the facts support guilt but expressly withholds a conviction (Criminal Procedure §6-220).
2. Your attorney argues for PBJ. This is where experience matters. Your attorney will present your background, explain why you're a good candidate, and argue that probation is appropriate.
3. The judge decides. The judge weighs the prosecutor's position, your attorney's arguments, your criminal history, and the nature of the charge. If the judge agrees, they order PBJ.
4. You're placed on probation. You'll meet with a probation officer, receive your probation terms, and begin compliance.
Negotiating a PBJ
The best time to get a PBJ is by negotiating it as part of a plea deal. Your attorney can work with the prosecutor to agree that if you plead guilty, both sides will recommend PBJ to the judge. This significantly increases your chances.
This happens more often than you might think—prosecutors understand that PBJ encourages compliance and is appropriate for many first-time offenders.
PBJ vs. Probation: What's the Difference?
People confuse these. They're not the same:
| Factor | PBJ | Probation (after conviction) |
|---|---|---|
| Conviction | No conviction (if completed successfully) | You have a conviction |
| Sentence | Court withholds judgment; no jail if completed | Court imposes jail time, probation is alternative/part of sentence |
| Your Record | Can be expunged after successful completion | Conviction stays on record permanently (expungement rare) |
| Employment/Housing | Once expunged, you can say you weren't convicted | Conviction on your record affects job/housing prospects |
PBJ is almost always better than a conviction. If you're given the choice, take it.
What Happens If You Violate PBJ Probation?
This is the critical risk. If you violate the terms of your probation, the court can revoke PBJ and enter a guilty verdict.
Common violations
- Missing a probation appointment
- Getting arrested for a new offense
- Failing a drug test (if drug testing is required)
- Failing to pay court-ordered fines
- Not completing required counseling or community service
- Traveling without permission
What happens at a violation hearing
If you're accused of violating probation, you'll have a hearing before the judge. Your attorney can challenge whether the violation occurred, argue for a lighter sanction, or explain mitigating circumstances.
The court might:
- Do nothing. If the violation is minor or unintentional, the judge might overlook it or issue a warning.
- Extend probation. Add time to your probation period.
- Add conditions. Impose stricter requirements (more frequent check-ins, counseling, etc.).
- Revoke PBJ and enter judgment. This is the worst outcome—you're convicted and sentenced to the original penalty.
This is why compliance matters. You're one mistake away from a conviction if you're on PBJ.
PBJ and Expungement
This is one of the biggest advantages of PBJ.
Once you successfully complete PBJ probation, your attorney can file a petition to expunge (seal) the record. After expungement:
- The arrest and charges don't appear on background checks
- You can legally answer "no" when asked if you've been convicted of that crime
- It doesn't affect employment, housing, professional licensing, or other opportunities
One important exception: while most PBJs become expungeable after the general waiting period — the later of your discharge from probation or three years after the PBJ was granted — a DUI or DWI PBJ carries a much longer 15-year wait from the date you're discharged from probation. See our guide on expunging a DUI in Maryland for the details.
This is essentially a fresh start. A conviction stays with you forever; a PBJ that's expunged can be left off your record entirely.
The Bottom Line
PBJ is one of Maryland's most valuable criminal law tools. If you're facing charges that might qualify, you should be asking your attorney about it. If you're offered a PBJ, seriously consider taking it—especially if the alternative is a conviction and jail time.
But PBJ isn't free. You have to earn it by staying out of trouble and complying with probation. If you do, the payoff is huge: a dismissal and an expungeable record.