Quick answer: Yes. A probation before judgment (PBJ) in Maryland does place you on probation – that is the “probation” in the name. Under Md. Code, Crim. Proc. § 6-220, after you plead guilty or are found guilty the judge stays the conviction and puts you on probation instead. Finish the probation and, by § 6-220(i)(3), the discharge is not a conviction – so the MVA assesses no points and nothing goes on your public record.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases where a PBJ was the difference between a clean record and a costly conviction. PBJ is one of the most useful outcomes in traffic court, and one of the most misunderstood. People hear “probation” and expect the worst, or hear “before judgment” and assume the charge disappears. Neither is right. A PBJ is a middle path: you accept guilt, but in exchange for staying out of trouble you avoid the conviction and the points.
Is a PBJ the Same as Being on Probation?
Yes – a PBJ is a form of probation, but it is a disposition, not a verdict. The sequence is specific. You plead guilty or nolo contendere, or you are found guilty; then, before entering that as a conviction, the court stays the judgment, defers the case, and places you on probation with reasonable conditions (§ 6-220(b)). Complete the probation and the conviction is never entered.
That makes a PBJ very different from a dismissal or an acquittal. You are not found “not guilty” – you have admitted or been found guilty, and the court is holding the conviction back as a second chance. It is better than a conviction for most people, but it is not the charge going away.
A PBJ is not a dismissal. By accepting one you admit guilt and, under § 6-220(g), you waive your right to appeal the finding of guilt. If you later violate probation, the court can enter the conviction and sentence you – potentially leaving you worse off than a plain guilty plea would have. Take a PBJ knowing what you are giving up, not because it sounds like the charge is disappearing.
What Kind of Probation and Conditions Come With a PBJ?
Probation on a PBJ can be supervised or unsupervised. For most minor traffic matters it is unsupervised, meaning you do not report to a probation officer – but you still have to comply with the court’s conditions and, above all, not pick up new charges during the probationary period. The court sets the length. For a routine traffic PBJ it is usually short and unsupervised, often six months to a year, and District Court probation cannot run longer than three years.
Section 6-220(d) lets the judge attach reasonable conditions. Common ones include paying a fine or restitution (capped at the amount the law allows for a conviction), completing a class such as a driving-improvement or alcohol program, and simply staying violation-free. In more serious cases the court can even order a term of custodial confinement – home detention or inpatient treatment – as a condition. The lighter the case, the lighter the conditions, but staying out of trouble is the through-line in every PBJ.
Does a PBJ Put Points on My Maryland License?
No. This is the main reason drivers want a PBJ. Because a PBJ is not a conviction, the MVA does not assess points for it – points attach only to convictions. A completed PBJ does not show as a conviction on your public driving record either, which is what protects you on employment and insurance. Here is how a PBJ stacks up against a straight conviction on a routine moving violation:
| Consequence | Conviction | PBJ (completed) |
|---|---|---|
| MVA points | Assessed | None |
| Public conviction on record | Yes | No |
| Insurance can rate against it | Yes | Generally no |
| Admission of guilt | Yes | Yes |
| Right to appeal the guilt finding | Preserved | Waived (§ 6-220(g)) |
| Can later be expunged | Limited | Yes (waiting period applies) |
Because there are no points and no public conviction, your insurer generally has nothing new to rate against – the practical win that makes a PBJ worth pursuing on a routine moving violation.
What Happens if I Violate PBJ Probation?
If you violate a condition of probation, § 6-220(h) lets the court enter judgment and proceed as if you had never been placed on probation. In plain terms, the judge can strike the PBJ, enter the conviction you avoided, and impose a sentence up to the maximum for the underlying offense. That is why the biggest risk with a PBJ is treating it casually – a new charge or a missed condition during the probationary window can undo the whole benefit. If you finish clean, § 6-220(i) says the court discharges you, and that discharge is a final disposition and not a conviction for any legal disqualification.
Can a PBJ Be Expunged Later?
Usually, yes. A PBJ is one of the dispositions Maryland law lets you expunge, so you can eventually clear it from the public record entirely. In most cases you can petition generally three years after you complete probation, though the exact waiting period depends on the charge. Our Maryland expungement hub walks through the timing and the process. Getting a PBJ and then expunging it a few years later is often the cleanest path to a record that shows nothing at all.
When Is a PBJ Not Available – DUI, Repeat, and CDL Rules?
For ordinary moving violations there is no once-per-lifetime cap – you can legally receive a PBJ more than once, though it is always the judge’s call and a second request is harder to win. I cover that in detail on whether you can get a PBJ twice in Maryland. The real bar is for DUI and DWI: under § 6-220(f) a court may not grant a PBJ for a Transp. § 21-902 offense (and certain vehicular manslaughter crimes) if within the preceding 10 years you were convicted of, or already got a PBJ for, one of those offenses. DUI cases also carry different expungement treatment, which I explain in our guide to DUI plea options and PBJ in Maryland.
Commercial drivers should be careful here. Under federal anti-masking rules, a state cannot mask, defer, or divert a qualifying traffic conviction for a CDL holder – so a PBJ will not keep a covered violation off a commercial driving record, and CDL holders are barred from diversion for offenses committed in a commercial vehicle. If you drive commercially, read how traffic tickets affect a Maryland CDL before you assume a PBJ protects you. Non-citizens should also get advice first: a PBJ can still count as a conviction under federal immigration law.
Should You Take a PBJ?
Often, yes. For a first-time or low-level offender a PBJ is a strong outcome that protects your record and your license. But it is not automatic and not always the best move. If the State’s evidence is weak, the stronger play may be to fight for a dismissal or an acquittal at trial – and accepting a PBJ gives up that chance. Whether a charge is even eligible for that fight depends on the ticket type; my pages on payable vs. must-appear tickets and the core Maryland traffic ticket guide explain the options. A PBJ is a tool, not a default: if a case can be tried and beaten, that beats any probation.
A completed PBJ is not a conviction and does not appear as one on your public driving record, and the MVA assesses no points. It can also usually be expunged, generally three years after you finish probation.
The court sets the length. For a routine traffic PBJ it is usually short and unsupervised, often six months to a year, and District Court probation cannot exceed three years.
Under Crim. Proc. section 6-220(h), the court can strike the PBJ, enter the conviction you avoided, and impose a sentence up to the maximum for the underlying offense. Finishing probation clean instead earns a discharge that is not a conviction.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Crim. Proc. § 6-220; Md. Code, Transp. § 21-902. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.