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Question Is it legal for a prospective employer to ask whether one has received a PBJ?

Laurel, MD |
Attorney answers 3


In doing some research concerning PBJ's some time ago, I came accross a number of cases. PBJ's are considered convictions for MVA purposes, for postconviction purposes, and do not constitute acquittals under the Maryland sentencing guidelines. In my research, I have not come accross any statute or legal code that prohibits employers from asking whether a person has been convicted or received a PBJ as a result. Remember that a PBJ is a clemency disposition. Anthony v. State, 117 Md. App. 119 (1997), cert denied 348 Md. 205 (1997). COnsult with a lawyer right away.


The question is a legitimate question, it goes towards your "criminal or traffic" record. A potential employer has the right to know this information particularly if your position has anything to do with driving for the employer. If your position has nothing to do with driving for the employer, the relationship between that question and the answer is more attenuated and perhaps irrelevant, but is it illegal to ask... I do not think it is illegal to ask. As you a PBJ is not a conviction.


The simple answer is yes. Although a PBJ is not a conviction, the court must find the defendant guilty either after a guilty plea or a trial in order to enter a PBJ. With a PBJ or probation before judgment, the judgment of conviction is withheld, usually dependent upon the defendant fullfilling certain conditions imposed by the court.

There are a number of benefits to receiving a PBJ on a traffic charge. One is it is not a conviction and does not accrue points on the Maryland driving record. Another is that it is kept on a segregated record at the MVA that is not accessible to insurance companies. For jailable offenses other than DUI or DWI, the driver may move to expunge court and police records after 3 years. For DUIs and DWIs however, PBJs may not be expunged from court and police records.

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