Maine Background Check Laws

Maine's 'ban-the-box' law applies to public employers. It prohibits state agencies and political subdivisions from inquiring about an applicant's criminal history on an initial employment application form. Inquiries about criminal history can only be made after the applicant has been determined to meet the minimum employment qualifications for the position. This allows applicants with criminal records to be considered for their qualifications first, without immediate disqualification based on past offenses. The law does not prohibit employers from conducting criminal background checks later in the hiring process, nor does it apply to positions where a criminal conviction would legally disqualify an applicant.

While Maine does not have a state-level FCRA equivalent that significantly alters the federal FCRA's core requirements for consumer reporting agencies, employers must still comply with all federal FCRA provisions, including obtaining proper consent, providing pre-adverse action and adverse action notices, and ensuring the accuracy of reports. Maine law does, however, impose specific restrictions on the use of criminal records that can indirectly affect how FCRA-compliant reports are utilized.

Maine law generally restricts the use of certain criminal records. For example, employers cannot consider criminal charges that did not result in a conviction, or convictions that have been expunged or sealed. While the federal FCRA generally limits reporting of non-conviction information to seven years, Maine's restrictions are more absolute regarding non-convictions and expunged records. Employers should also be cautious about using conviction records that are not job-related and consistent with business necessity, as this could lead to discrimination claims under state human rights laws.

Maine law prohibits employers from inquiring about, or considering, criminal convictions that have been expunged or sealed. If a record has been expunged or sealed by a court order, it should not appear on a background check report used for employment purposes, or if it does, it cannot be used in an employment decision. Employers should instruct their background check providers to exclude such records. Using expunged or sealed records in hiring decisions can lead to legal challenges.