Important Questions

What is a public record?

A public record is the original or copy of any documentary material created or received by an agency in connection with the transaction of public business. This definition includes written materials, books, photographs, photocopies, firms, microfilms, tapes, computerized records, maps, drawings, and other materials.

Do I have to create an account?

No, you do not have to create an account. However, creating an account will provide the best customer experience. Please ensure that the email address that is provided can be checked regularly as all of the correspondence regarding a Public Information Act request will be sent electronically via email. Please ensure that your spam/junk folders are also regularly checked for correspondence.

Are all government records available?

No. The Maryland Public Information Act (MPIA) attempts to balance the public’s right to access government records with other policies that respect the privacy or confidentiality of certain information.

For example, the MPIA mandates denial of inspection of public records that are confidential under federal law, other state statutes, court rules, or various common law privileges such as attorney-client privilege and executive privilege. Md. Code Ann. General Provisions (“GP”) § 4-301. The MPIA itself also protects certain records from disclosure (firearm records, GP § 4-325, and personnel records, GP § 4-311). In addition, some information contained in public records must remain confidential (for example, sociological information GP § 4-330, an individual’s medical or psychological information, GP § 4-329, and juvenile records*, GP §§ 1-202 and 3-8A-27). Other records may be withheld if the agency decides that disclosure of those records would be “contrary to the public interest", GP § 4-343. Records subject to discretionary disclosure include investigatory records, GP § 4-351.

*Juvenile arrest records are not released without a court order signed by a judge, GP § 3-8A-27. In addition, records of child abuse or neglect are not releasable without a court order unless allowed by Maryland law, GP § 1-202.

How long will it take for my request to be processed?

All requests will be processed in accordance with current laws governing Maryland Public Information Act (MPIA) requests. Upon receipt we will acknowledge your request within 10 business days and will respond within a reasonable time, but no later than 30 days. All fees must be paid prior to release of records.

Are there fees associated with my request?

Annotated in the current MPIA manual, the first two hours of research are free, then an hourly fee applies. The fee is based on the hourly rate of the employee who will process the request. If a request has been paused awaiting a response or payment from the requesting party for more than 30 calendar days, it will be closed. Payment will be accepted by check or money order only (payable to St. Mary's County Sheriff's Office.)

Can I submit a Subpoena through this portal?

No, subpoenas will NOT be accepted through this portal. They must be served in person, or by certified postage mail.

Am I eligible to receive the requested information?

Most records of public agencies are generally releasable; however, some records contain both releasable and privileged or exempt material that would require denial in part (redactions) or in whole (denial). In those instances, a person in interest may be granted greater right of access. Persons in interest are generally a subject of the record or a subject’s representative. 

In order to determine whether records responsive to this request are subject to disclosure, or if redactions will be required or the record denied, the St. Mary's County Sheriff's Office may need to determine your interest and/or involvement pertaining to the record(s). If you do not provide any additional information, it will be assumed that you require anonymity and this may affect what records are subject to disclosure, or if redactions will be required or the record denied.

Definition of a Person In Interest

  1. A person or governmental unit that is the subject of a public record or a designee of the person or governmental unit;
  2. A person with a legal disability, or the parent or legal representative of the person;

Or, as to requests for correction of certificates of death under §5-310(d)(2) of the Health--General Article, the spouse, adult child, parent, adult sibling, grandparent, or guardian of the person of the deceased at the time of the deceased's death.

Can I submit an anonymous request?

Yes, but if you submit a request without contact information, the portal will not allow you to receive updates for your request and you will not be able to log in to access documents. In order to receive the requested documents, you will need to provide some type of contact information, such as an email address. If the St. Mary's County Sheriff's Office needs clarification on your request in order to respond to your request and you provide no contact information, your request may be closed without a response.

If you are requesting police reports, accident reports, or photographs, please send your request to the Records Division at https://www.firstsheriff.com/police-report/

Maryland Public Information Act Manual

https://www.marylandattorneygeneral.gov/Pages/OpenGov/piaManual.aspx