Run a Check in Maryland

Maryland Background Check Laws: What Employers Need to Know

Maryland has one of the more layered sets of background check rules in the country, combining a statewide law with separate local ordinances in several major counties and cities. Relevant across the state's government contracting, healthcare, and logistics industries, here's what applies whether you're hiring in Baltimore, Annapolis, or the DC suburbs of Montgomery and Prince George's Counties.

Statewide Ban-the-Box

Employers with 15 or more employees can't inquire into a candidate's criminal record or "criminal accusations" until after the first interview. The law doesn't preempt local ordinances that are more restrictive, so employers in certain counties and cities have additional requirements on top of this baseline (see below). The law doesn't apply to employers legally required to inquire into criminal history, or to those providing direct care to children and vulnerable adults, and it's enforced by the Maryland Department of Labor rather than through private lawsuits.

County and City-Specific Rules

• Prince George's County: Employers with 25 or more full-time employees can't inquire into criminal history until after the first interview. If adverse action is being considered, the employer must conduct an individualized assessment, provide a copy of the report identifying the disqualifying items in the pre-adverse notice, and wait 7 days before taking adverse action.
• Montgomery County: Employers with 1 or more full-time employees can't search for conviction history until a conditional offer of employment has been made. Certain records can't be considered at all, including specific first-time misdemeanor convictions, juvenile records, expunged records, and arrests or charges that didn't result in a conviction. If rescinding a conditional offer, the employer must provide a copy of the background check, specify the disqualifying information, and give the candidate 7 days to respond before taking adverse action.
• Baltimore City: Employers with 10 or more full-time employees can't inquire about criminal records until after a conditional offer of employment is made.

Montgomery County Housing Justice Act (Landlords)

Montgomery County also applies a Ban-the-Box style rule to landlords under its Housing Justice Act. Criminal history can't be reviewed until after a conditional offer to rent has been made, the required disclosure must appear directly in the housing application rather than a separate form, and a long list of specific conviction types can't be considered at all, including arrests without conviction, certain misdemeanors, and expunged or juvenile records. A minimum 7-day waiting period applies before adverse action can be taken.

Credit Reports

Employers can't use a credit report to deny employment, terminate someone, or determine compensation. A credit report may be requested after an offer of employment has been made, or for job-related "bona fide purposes" as long as the use is disclosed to the candidate in writing.

Social Media Password Protections

Employers can't request that an employee or applicant disclose their username, password, or other means of accessing personal accounts or social media.

Reporting Restrictions and Registration (CRA Side)

Consumer reporting agencies serving Maryland residents must register annually with the state and file a bond, and are subject to specific limits on what older records can be reported, including bankruptcies older than 10 years and most other adverse information older than 7 years.

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Pass-Through Fees for Maryland Records

Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.

Common Questions from Maryland Employers

Does Maryland have a statewide Ban-the-Box law?

Yes, for employers with 15 or more employees, with several counties and cities layering on stricter local rules.

Are Baltimore City's rules different from the state law?

Yes. Baltimore City applies to employers with 10 or more full-time employees and requires waiting until a conditional offer, which is a stricter standard than the statewide 15-employee, first-interview rule.

Do Maryland's local Ban-the-Box rules apply to landlords too?

In Montgomery County, yes. Its Housing Justice Act applies a similar conditional-offer standard to rental applications, separate from the county's employer rule.

This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.