Maryland Background Check Laws

Maryland's 'Ban the Box' law, the Job Opportunities on the Basis of Criminal History (JOB) Act, prohibits most private employers with 15 or more employees from inquiring about an applicant's criminal record or criminal accusations on an initial employment application. Employers may only inquire about an applicant's criminal history after the first in-person interview. This law applies to all positions, regardless of whether the position is located in Maryland. (Md. Code Ann., Lab. & Empl. § 3-1501 et seq.)

Maryland's ban-the-box law (JOB Act) is stricter than the federal FCRA regarding the timing of criminal history inquiries. While FCRA governs the procedures for obtaining and using consumer reports, Maryland dictates when criminal history information can be requested. Additionally, Maryland's salary history ban is a state-specific restriction not covered by the FCRA.

Maryland law prohibits employers from seeking an applicant's wage history information, including compensation and benefits, from the applicant or their current or former employer. Employers are also prohibited from relying on an applicant's wage history to determine salary, benefits, or other compensation during the hiring process. However, an employer may consider wage history if an applicant voluntarily discloses it. (Md. Code Ann., Lab. & Empl. § 3-304.2)

Maryland law does not explicitly impose a general seven-year reporting limitation on criminal convictions for employment purposes, unlike the FCRA for non-conviction records or certain low-wage jobs. However, the ban-the-box law restricts when such information can be considered. For non-conviction records (e.g., arrests not leading to conviction), the FCRA's seven-year limitation generally applies unless the job's annual salary is $75,000 or more. Maryland law also has specific provisions regarding expunged records.

Maryland law explicitly states that an employer may not require an applicant or employee to disclose information about an expunged criminal record. An expunged record is treated as if it never occurred, and employers are prohibited from using such information in employment decisions. (Md. Code Ann., Crim. Proc. § 10-109)

Maryland's Job Opportunities on the Basis of Criminal History (JOB) Act is a fair chance hiring law, prohibiting employers from inquiring about criminal history until after the first in-person interview. This gives applicants with criminal records a fair chance to be considered based on their qualifications first.