Maryland’s New PBJ-C Law and Immigration: What Non-U.S. Citizens Need to Know

The Maryland legislature recently passed a law that offers a new opportunity for non-U.S. citizens who are facing criminal charges. The law establishes a new form of probation before judgment, known as “PBJ-C,” that allows visa holders and lawful permanent residents to avoid a conviction—and all of the immigration consequences that a conviction can entail.

What is a PBJ-C in a Maryland Criminal Case?

So, what do you need to know about Maryland’s new PBJ-C law?

Before Maryland’s new law took effect, accepting probation before judgment (PBJ) meant having a conviction on your record for federal immigration purposes. This meant that accepting a PBJ could lead to removal (deportation), denial of reentry, and even ineligibility for naturalization. But, under the new law, this is no longer the case with a PBJ-C.

When you accept a PBJ-C, you enter a plea of “Not guilty,” and the court defers a finding of guilt. As a result, unlike a traditional PBJ, a PBJ-C does not result in a conviction for federal immigration purposes. This is a major development, and the possibility of accepting a PBJ-C is definitely something to discuss with your defense lawyer if you are facing criminal charges in Maryland as a non-U.S. citizen.

Otherwise, a PBJ-C operates exactly like a traditional PBJ. As the Maryland legislature explains:

“[A]n individual who receives the new disposition will be considered to have received PBJ for all purposes under state law. Apart from the way in which federal law views the individual who receives the new form of PBJ, that individual would thus be no better nor no worse off than an individual who receives traditional PBJ.”

Among other things, this means that you can avoid a conviction for state purposes (in addition to federal immigration purposes), and this, in turn, can save you from many of the academic, career, family, and other consequences that may result from having a criminal conviction on your permanent record. Accepting a PBJ is a good option for many people who do not have grounds to fight their criminal charges—and now accepting a PBJ-C is an even better option for non-U.S. citizens.

How Do You Seek a PBJ-C in a Maryland Criminal Case?

What should you do if you are facing criminal charges in Maryland and are interested in seeking a PBJ-C? To protect yourself in this situation, consult an experienced defense lawyer as soon as possible. Obtaining a PBJ-C involves communicating with the prosecutor’s office, and you must also be able to convince the judge that a PBJ-C is warranted based on the circumstances of your case. An experienced defense lawyer will be able to help you consider all of your options, and if seeking a PBJ-C is your best option, your lawyer will be able to work to secure a PBJ-C on your behalf.

Request a Confidential Consultation with Maryland Defense Lawyer Cynthia Christiani

Do you need more information about Maryland’s new PBJ-C law? If so, we invite you to get in touch. To request a confidential consultation with Maryland defense lawyer Cynthia Christiani, please call 443-405-8211 or contact us confidentially online today.