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Maryland background check laws for employers

Maryland employers with 15 or more full-time employees may not ask about criminal records before the first in-person interview, and most employers may not use credit reports in hiring unless the job fits a listed exception. Three large local areas go further: Montgomery County (1+ employees) and Baltimore City (10+ employees) bar criminal checks until a conditional offer, and Prince George's County (10+ employees) bars them until after the first interview and limits which records may be used. Background check companies may not report convictions older than 7 years for jobs paying under $75,000 a year.

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Fair-chance hiring (criminal history)

The state law covers employers with 15 or more full-time employees (Lab. & Empl. § 3-1501(c)).
An employer may not require an applicant to disclose a criminal record or criminal accusations before the first in-person interview (Lab. & Empl. § 3-1503(a)).
The employer may ask about criminal records during the first in-person interview (Lab. & Empl. § 3-1503(b)).
A "criminal record" includes arrests, guilty pleas or verdicts, no-contest pleas, stets, probation before judgment, and not-criminally-responsible findings (Lab. & Empl. § 3-1501(b)).
The law does not apply to questions another federal or state law requires or expressly allows, or to employers that provide programs, services, or direct care to minors or vulnerable adults (Lab. & Empl. § 3-1502(a)).
The state law does not stop counties or cities from passing stricter rules (Lab. & Empl. § 3-1502(b)).
The state law sets no extra notice, waiting period, or individualized assessment beyond federal FCRA steps (Lab. & Empl. §§ 3-1501 to 3-1505).
Employers may not retaliate against someone who claims a violation (Lab. & Empl. § 3-1504).
The Commissioner of Labor and Industry enforces the law with a compliance order first and civil penalties of up to $300 per applicant for later violations (Lab. & Empl. § 3-1505).

City and county rules

Montgomery County covers employers with 1 or more employees in the County and bars criminal questions on applications and any criminal record check before a conditional offer (Montgomery County Code §§ 27-71, 27-72(a)-(b)).
Montgomery County employers may never ask about or use arrests without a conviction, a first trespass or disturbing-the-peace conviction, misdemeanor convictions at least 3 years old (counting from both conviction and end of any jail time), confidential juvenile records, or expunged records (Montgomery County Code § 27-72(c)-(d)).
Before pulling a Montgomery County conditional offer for a criminal record, the employer must give a copy of the report, name the items it relies on, wait 7 days for the applicant to point out errors, and then send a written rescission notice (Montgomery County Code § 27-73).
Montgomery County exempts checks required or expressly allowed by law, employers serving minors or vulnerable adults, and jobs needing a federal security clearance (Montgomery County Code § 27-74).
Prince George's County covers employers with 10 or more full-time employees in the County and bars criminal questions on applications and any criminal record check until the end of the first interview (Prince George's County Code §§ 2-231.03(a)(10), 2-231.04(a), (c)).
Prince George's County employers may never ask about or consider nonviolent felony convictions with sentences completed 5 or more years ago, misdemeanor convictions with sentences completed 30 or more months ago, arrests without a conviction (probation before judgment counts as a misdemeanor), or completed marijuana possession cases (Prince George's County Code § 2-231.04(d)-(f)).
Prince George's County requires an individualized assessment of only job-related offenses, time passed, and evidence of errors, plus a copy of the report, written notice of the items, a written statement of the applicant's rights, and a 7-day wait before rescinding an offer (Prince George's County Code § 2-231.05).
Prince George's County's 2024 amendments (CB-019-2024) lowered the threshold to 10 employees and added the lookback and marijuana limits; employers serving minors or vulnerable adults are exempt (Prince George's County Code §§ 2-231.03, 2-231.04, 2-231.06(c)).
Baltimore City covers employers with 10 or more full-time-equivalent employees in the City and bars criminal questions and criminal record checks until a conditional offer (Baltimore City Code Art. 11, §§ 15-1(d), 15-6(b)).
Baltimore City exempts checks required or expressly allowed by law and employers that serve minors or vulnerable adults (Baltimore City Code Art. 11, § 15-7).

State consumer report rules

Maryland has its own consumer reporting law that mostly mirrors federal FCRA (Com. Law §§ 14-1201 to 14-1218).
For an investigative consumer report, the employer must tell the person in writing within 3 days of requesting it, unless the job is one the person did not apply for (Com. Law § 14-1204(a)).
On the person's written request, the employer must describe the nature and scope of the investigation in writing within 5 days (Com. Law § 14-1204(b)).
An employer that denies a job based on a consumer report must tell the person and give the background check company's name and address (Com. Law § 14-1212(a)).
A background check company reporting public records for employment must either notify the person at the time or keep strict procedures so the records are complete and up to date (Com. Law § 14-1210).

How far back a report can go

Background check companies may not report arrests, indictments, or convictions more than 7 years old (counted from disposition, release, or parole) unless the job pays $75,000 a year or more (Com. Law § 14-1203(a)(5), (b)(3)).
Employers may not require applicants to disclose expunged charges, and refusing to disclose them may not be the only reason to refuse to hire (Crim. Proc. § 10-109(a)).
Employers may not require applicants to disclose shielded charges, unless the employer is required or authorized by law to check criminal backgrounds or hires people to care for minors or vulnerable adults (Crim. Proc. §§ 10-306(b)(1), 10-302(b)).

Credit checks

Employers may not use a credit report or credit history to deny a job, fire someone, or set pay or terms of employment (Lab. & Empl. § 3-711(b)).
An employer may use credit information after a job offer for a non-prohibited purpose, or when it has a bona fide, substantially job-related reason that it discloses in writing (Lab. & Empl. § 3-711(c)(1)).
Job-related positions include managers, jobs with access to personal or confidential business information, fiduciary jobs that handle payments or contracts, and jobs with an expense account or company card (Lab. & Empl. § 3-711(c)(2)).
Banks and credit unions with insured deposits, SEC-registered investment advisers, and employers required by law to check credit are exempt (Lab. & Empl. § 3-711(a)).
The Commissioner may fine up to $500 for a first violation and up to $2,500 for a repeat violation (Lab. & Empl. § 3-711(d)(4)).

Also good to know

Adult dependent care programs such as assisted living, home health agencies, adult day care, hospice, and group homes must get a state criminal history records check or a private-agency background check before an eligible employee starts work; a private agency must be a Maryland-licensed private detective agency (Health-Gen. §§ 19-1901, 19-1902).

Common questions

Can Maryland employers run a background check?

Does Maryland have a ban-the-box law for private employers?

The state law covers employers with 15 or more full-time employees (Lab. & Empl. § 3-1501(c)).

How far back does a background check go in Maryland?

Background check companies may not report arrests, indictments, or convictions more than 7 years old (counted from disposition, release, or parole) unless the job pays $75,000 a year or more (Com. Law § 14-1203(a)(5), (b)(3)).

Can Maryland employers run credit checks on applicants?

Employers may not use a credit report or credit history to deny a job, fire someone, or set pay or terms of employment (Lab. & Empl. § 3-711(b)).

Sources

This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.

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