Background check laws by state > Maryland
Last Updated: June 2017
Employers that are either located in Maryland or hiring Maryland residents must abide by the Federal FCRA, and they should consider the following state laws. For more information on Maryland state laws, please visit the state legislature.
Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information: (5) Records of arrest, indictment, or conviction of crime, which, from date of disposition, release, or parole, antedate the report by more than seven years.
(b) The provisions of subsection (a) of this section are not applicable in the case of any consumer credit report to be used in connection with: (1) A credit transaction involving, or which may reasonably be expected to involve, a principal amount of $50,000 or more; (2) The underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of $50,000 or more; or (3) The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $20,000 or more.
MD Lab & Emp Code § 3-711 (2013) - Job Applicant Fairness Act
(b) Except as provided in subsection (c) of this section, an employer may not use an applicant’s or employee’s credit report or credit history in determining whether to:
(1) deny employment to the applicant;
(2) discharge the employee; or
(3) determine compensation or the terms, conditions, or privileges of employment.
(c) (1) An employer may request or use an applicant’s or employee’s credit report or credit history if:
(i) 1. the applicant has received an offer of employment; and
2. the credit report or credit history will be used for a purpose other than a purpose prohibited by subsection (b) of this section; or
(ii) the employer has a bona fide purpose for requesting or using information in the credit report or credit history that is:
1. substantially job-related; and
2. disclosed in writing to the employee or applicant.
In other words:
Consumer reporting agencies cannot report on criminal information that is older than 7 years, unless the consumer report is used in connection with: (1) a credit transaction that involves or is expected to involve $50,000 or more; or (2) a life insurance policy of $50,000 or more; or (3) the employment of an applicant whose annual salary will equal or is expected to equal $20,000 or more.
In other words:
An employer may consider an applicant's or employee's credit report only in two circumstances: 1. a conditional offer of employment has already been made and the report is not used to deny employment, discharge the employee, or determine the salary, conditions, or privileges of employment.
2. the employer has a legitimate, substantially job-related reason for requesting the credit report and discloses this in writing to the employee or applicant
If you find that your criminal records are incorrect or incomplete and you would like to take action, you should contact the specific jurisdiction in which the records were originally filed.
All of the following are included in civil records: judgments, liens, evictions, family and small claims cases. If you would like to dispute a record, contact the court in which the record was filed.
In order to set a standard around hiring policies, the federal government has created the Fair Credit Reporting Act or FCRA to monitor and protect both employers and job seekers. With this law, individuals are protected from unfair workplace discrimination and data breaches of their private, sensitive information. Interested in learning more? Check out GoodHire’s 10-step process for legally obtaining background reports. Be sure to read the official FCRA full text or summary legal document for more details.
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GoodHire tries to update and correct the information provided for this state regularly, but we cannot make the guarantee that everything is fully up-to-date. Laws and regulations change often. This information is not meant to be used as legal advice, solicitation, or advertising. We always recommend speaking to a lawyer before taking any legal action. Please contact us if you find something that is incorrect or out-of-date on our site.