We update this overview of Maryland background check laws and ban-the-box rules often. But laws change quickly, and we cannot guarantee all information is current. Always consult your attorney for legal advice.
In order to set a standard for hiring policies, the federal government created the Fair Credit Reporting Act, or FCRA, which monitors and protects both employers and job candidates.
Our Take: 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.
Our take: An employer may consider an applicant's or employee's credit report only in two circumstances:
STATE LAWS — PUBLIC AND PRIVATE COMPANIES
Who must follow: This ban-the-box law applies only if you are public employer for the State of Maryland.
Timing of inquiry: Public employers for the State of Maryland may only inquire into criminal history after the applicant has been.
LOCAL LAWS — PUBLIC AND PRIVATE COMPANIES
See which Maryland counties and cities have local ban-the-box and fair hiring laws.