MD · state guide
Maryland background screening law
What is different here
- The trigger is the first in-person interview, and until then the check is barred as well as the question. Lab. & Empl. § 3-1503(a) provides that, except as provided in subsection (b), "an employer may not, at any time before the first in–person interview, require an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant", and (b) permits the employer to require that disclosure "during the first in–person interview with the applicant". Because the prohibition runs to any disclosure requirement before that point rather than to a question on a form, a screening step placed before the first interview is inside it. The employer floor is fifteen full-time employees under § 3-1501(c)(1), and § 3-1502(b) forbids reading the subtitle to preempt a local law that is more restrictive.
- A criminal record here is not a conviction, and the definition reaches three dispositions a conviction-only report would not carry. Section 3-1501(b) defines "Criminal record" to include "an arrest", "the marking of a charge “stet” on the docket", "a disposition of probation before judgment" and "a disposition of not criminally responsible". A stet is an indefinite postponement that is not a conviction, and probation before judgment is a disposition that avoids one, so a process that reads the definition as conviction-only is applying a narrower rule than the statute contains.
- Maryland has its own consumer reporting act, and its reporting cut-off was never amended to exempt convictions. Commercial Law § 14-1203(a)(5) bars a report containing "Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years". The federal provision this was modeled on now exempts convictions from its seven-year window; the Maryland text does not, which makes seven years from disposition, release or parole the operative limit on conviction content in a Maryland report. The same title requires a consumer reporting agency to "register each year with the Commissioner under this subtitle" at § 14-1215 and to file a surety bond or irrevocable letter of credit in an amount of up to $1,000,000 at § 14-1217.
- Expungement and shielding both put a duty on the employer rather than only on the custodian, and shielding leaves the record open to employers with authority to check. Section 10-109(a)(1) of the Criminal Procedure Article bars an employer from requiring disclosure of an expunged charge and provides that a person "need not refer to or give information concerning an expunged charge"; § 10-306(b)(1) does the same for shielded information, though only § 10-109 states a criminal penalty of its own. But § 10-302(b)(2) provides that a shielded record "shall remain fully accessible by ... prospective or current employers or government licensing agencies that are subject to a statutory or regulatory requirement or authorization to inquire into the criminal background of an applicant or employee for purposes of carrying out that requirement or authorization". Shielding removes the record from the public index and not from the employer who is entitled to ask.
- The state criminal history is gated by petition and stays with the petitioner. The Central Repository is "the official State repository for criminal history record information" under § 10-213(c)(1), and § 10-219(a) provides that "Except in accordance with applicable federal law and regulations, a criminal justice unit and the Central Repository may not disseminate criminal history record information." The Department states that an employer or licensing agency must make the request, that an approved private party petitioner "is only entitled to Maryland (State) criminal history record information", and that the petition is approved per position or job title. Its FAQ answers the question of whether a check can be run on someone else with "No." Court records are a separate route, and Case Search is the index the Department names for a disposition.
How the courts here are organized
Maryland has two trial courts, and they are organized on different geographies. Article IV, § 20(a) of the Constitution provides that "There shall be a Circuit Court for each County and for Baltimore City", and § 1-501 of the Courts and Judicial Proceedings Article describes what they hold: "The circuit courts are the highest common-law and equity courts of record exercising original jurisdiction within the State. Each has full common-law and equity powers and jurisdiction in all civil and criminal cases within its county, and all the additional powers and jurisdiction conferred by the Constitution and by law, except where by law jurisdiction has been limited or conferred exclusively upon another tribunal." Twenty-three counties and Baltimore City therefore give twenty-four circuit courts, and the courtroom a felony is decided in is named by the county.
The District Court is one court for the whole State and it is not organized by county. Section 1-602 divides the State into twelve districts "For the purposes of operation and administration of the District Court": District 1 is Baltimore City; District 2 is Dorchester, Wicomico, Somerset and Worcester; District 3 is Caroline, Talbot, Queen Anne’s, Kent and Cecil; District 4 is Charles, St. Mary’s and Calvert; District 5 is Prince George’s County; District 6 is Montgomery County; District 7 is Anne Arundel County; District 8 is Baltimore County; District 9 is Harford County; District 10 is Howard and Carroll counties; District 11 is Frederick and Washington counties; and District 12 is Allegany and Garrett counties. Six of the twelve districts hold more than one county, and the six that hold one county hold a county that happens to coincide with a district rather than a district that coincides with a county.
The two geographies are layered again by the Constitution, which groups the circuit courts into judicial circuits that match neither the counties nor the districts. Article IV, § 19 provides that "The State shall be divided into eight Judicial Circuits", with Baltimore City alone as the Eighth, Baltimore and Harford counties as the Third, Carroll, Howard and Anne Arundel as the Fifth, and Montgomery and Frederick as the Sixth. The circuit for the trial bench is therefore a different unit from the district for the same courthouse, and neither is a search unit.
Most criminal business starts in the District Court, and where it stays is set by statute. Section 4-301(b)(1) gives the District Court exclusive original jurisdiction over "Commission of a common–law or statutory misdemeanor regardless of the amount of money or value of the property involved", and § 4-302(a) provides that, apart from an enumerated list of offenses, "the District Court does not have jurisdiction to try a criminal case charging the commission of a felony". Where the two courts overlap is set out at § 4-302(d)(1), which gives concurrent jurisdiction "In which the penalty may be confinement for 3 years or more or a fine of $2,500 or more". For the offenses in that overlap the route out of the District Court is stated in the same subsection: a proper demand for a jury trial, an appeal as provided by law, or a charge arising out of the same circumstances that is within the circuit court’s jurisdiction. A single matter can therefore hold a District Court record and a circuit court record, and for a felony that is the ordinary case rather than the exception.
The public index is the Maryland Judiciary Case Search, and the Department of Public Safety and Correctional Services names it as the route to a court disposition: "In order to obtain a copy of your court disposition you must contact the court that heard your case (i.e. The Circuit Court for Baltimore County) or go to the Maryland Judiciary Case Search Website". Case Search is closed to this environment. Direct requests return HTTP 403 with an interstitial reading "state.md.us Please enable JS and disable any ad blocker", and the reader proxy returns a CAPTCHA warning, so this page states that Case Search is the named route and does not describe what it covers, to whom, or at what fee. One statutory fact about it does hold and is worth carrying: § 10-304 provides that "The Maryland Judiciary Case Search may not in any way refer to the existence of specific records shielded in accordance with this subtitle."
The routing conclusion is that a Maryland court search has to name three things rather than one: the tier, because the District Court and the circuit court keep separate records of the same matter; the district, because a District Court file is shared across the counties in it; and the county, because the circuit court is the county court and the case number belongs to it. A county-by-county run captures the second and third of those and misses the first, and a run that treats the twelve districts as twelve counties will attribute a disposition to the wrong county six times out of twelve.
| Trial courts | Circuit courts and the District Court |
|---|---|
| Circuit courts | One for each county and one for Baltimore City, 24 in all |
| Constitutional basis | Md. Const. Art. IV, § 20(a) |
| Circuit court jurisdiction | Full common-law and equity jurisdiction in all civil and criminal cases within its county, CJP § 1-501 |
| Felony tier | Circuit court, subject to the concurrent jurisdiction at CJP § 4-302(d) |
| Misdemeanor tier | District Court, exclusive original jurisdiction under CJP § 4-301(b)(1) |
| District Court | One statewide court, CJP § 1-601 |
| District Court districts | 12, set by CJP § 1-602 |
| Districts holding more than one county | 6 of 12 (Districts 2, 3, 4, 10, 11, 12) |
| Districts holding one county or the City | 6 of 12 (Districts 1, 5, 6, 7, 8, 9) |
| Judicial circuits for the circuit courts | 8, Md. Const. Art. IV, § 19 |
| Baltimore City | Eighth Judicial Circuit on its own; District 1 on its own |
| Concurrent jurisdiction | Penalty of 3 years or more, or a fine of $2,500 or more, CJP § 4-302(d)(1) |
| Public index | Maryland Judiciary Case Search |
| Case Search coverage and terms | Not verified for this page |
| Shielded records in Case Search | CJP § 10-304 bars the index from referring to a shielded record |
| State repository | Criminal Justice Information System Central Repository, Crim. Proc. § 10-213 |
| Central Repository dissemination | Crim. Proc. § 10-219(a), only in accordance with federal law and regulations |
| Private-employer access | Private Party Petition, approved per position or job title |
| Records released to a private petitioner | Maryland (State) criminal history only |
The repository is not a records office that a screening firm can order from, and the gate is statutory rather than administrative. Section 10-213(c)(1) makes the Central Repository "the official State repository for criminal history record information", and § 10-219(a) provides that "Except in accordance with applicable federal law and regulations, a criminal justice unit and the Central Repository may not disseminate criminal history record information." The Department’s page states the practical consequence in one line: "If you are seeking employment or to be licensed within Maryland, your employer or licensing agency must request the background record check." The party with standing to request is the employer, on its own authority, and the authorization is a property of the employer rather than of a vendor acting for it.
Approval to receive a Maryland record is granted by petition, and the petition is position-specific. The Private Party Petition form ITCD-74 states that State criminal history record information may be disseminated to "a nongovernmental employer, employment agency, membership association, landlord (including a public housing authority, or duly designated agent) licensed, chartered, or registered in any state, territory or possession of the United States, or in the District of Columbia upon convincingly demonstrating to CJIS that the subject of the requested criminal history record information could, have the capability to:" jeopardize the life or safety of an individual; cause significant loss or damage by illegally accessing or misusing the fiscal or non-fiscal assets of the employer, landlord, association or its members, or the public; or otherwise engage or participate in criminal conduct in violation of State, local, and federal law. The Department adds that "The separate Part 2 section of the Private Party Petition must be completed for each job title for which you are requesting a background history check", and the form repeats it: "This Application is only approved for specific positions/job titles". A petitioner that adds a job title without amending the petition is checking outside its authorization.
What an approved petitioner receives is a Maryland record and it stays with the petitioner. The Department’s page provides: "If approved under the Private Party Petition process, the agency is only entitled to Maryland (State) criminal history record information." The petition carries the certification that "any criminal history record information received is not to be disseminated (shared) with any other person and/or agency", and the form closes the route for the subject: "Individuals are prohibited from obtaining CHRI on themselves through the Private Party Petition process." The FAQ answer to whether a background check can be run on someone else is "No. The Maryland Security and Privacy Act and the Code of Maryland Annotated Regulations (COMAR) prohibit backgrounds checks being performed on citizens without proper authorization". There is no fee to become an authorized agency, and the Department’s page states the condition instead: "You must have legal or regulatory authority that authorizes your agency to receive federal and/or Maryland criminal history."
The report content differs by which check was run, and the Department says so plainly: "State of Maryland background checks disclose the crimes committed. FBI background checks do not disclose specific crimes committed." The fee schedule separates the two, with a full state and federal check at $30.00 by mail or $50.00 in person for authorized agencies and a state-only check at $18.00 or $38.00, all of which include a $20.00 in-person CJIS service fee where it applies, and the page records that "effective October 1, 2026 the FBI will be increasing its fee for fingerprint-based federal criminal history reports from twelve dollars ($12) to fifteen dollars ($15)". Fingerprints for a licensing or employment check must be submitted electronically: "All in-state applicant fingerprints submitted to CJIS for the purpose of licensing and/or employment background checks must be done electronically via approved live scan fingerprinting units." Timing is stated at "In most cases result of the state background check is mailed out in less than 10 working days from receipt of the initial approved application", with same-day service available "only in extreme, verifiable situations" and only in person.
A separate route exists for local government, and it was granted county by county rather than in one provision. Crim. Proc. §§ 10-231 to 10-236.3 authorize named counties and municipal departments to obtain State and federal records for their own employment and licensing decisions, including Anne Arundel, Baltimore County, Caroline, Carroll, Dorchester, Frederick County, Howard, Kent, Montgomery County for taxicab licenses, Prince George’s, Talbot, Washington, Wicomico, the City of Frederick police department and the Ocean City police department. One of them names a commercial route rather than an agency one: § 10-235 provides that the County Administrator in Washington County may request "a State and national criminal history records check from the Central Repository" or "a background investigation from an independent private investigation agency". Those provisions matter to a screening product because they are the reason a public employer in one of those counties can ask for something a private employer in the same county cannot, and because the authorization is a statutory hook rather than a general permission.
Section 10-228 closes a practice that screening products sometimes fall into without noticing it: "An employer or prospective employer may not require a person to inspect or challenge any criminal history record information relating to that person for the purpose of obtaining a copy of the person’s record to qualify for employment." A violation is a misdemeanor, punishable by a fine of up to $5,000 or imprisonment of up to six months or both for each violation. Getting the applicant to pull their own record is not a way around the petition route; it is the offense the section names.
The federal baseline
Federal law sets the floor here as it does everywhere. It is at 15 U.S.C. §1681 et seq., it binds the agency and the employer separately, and it does not vary by state. The FCRA article covers it section by section, including the seven-year limits, the salary threshold and the adverse action sequence, so that this page does not restate any of it.
What follows is only the overlay: what Maryland adds on top of that floor, and where it departs from it.
What Maryland law adds
Consumer reporting statute
Maryland has a full state counterpart to the federal Act, and this one reaches criminal history directly. Commercial Law Title 14, Subtitle 12 runs from § 14-1201 to § 14-1227, with §§ 14-1214, 14-1219 and 14-1220 absent from the codification. Section 14-1203(a) lists the items no consumer reporting agency may include in a report, and item (5) is the criminal-history provision: "Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years". The subtitle also imports the federal procedural duties: § 14-1204 requires disclosure before an investigative consumer report is procured, in a writing delivered "not later than three days after the date on which the report was first requested", with a further disclosure of the nature and scope of the investigation within five days of a written request; § 14-1210 requires a consumer reporting agency furnishing a report for employment purposes to notify the consumer when public record information likely to have an adverse effect is reported, or to maintain strict procedures to ensure that such information is complete and up to date; and § 14-1212(a) requires the user of a report to advise the consumer and supply the agency’s name and address where employment is denied wholly or partly because of information in a report.
Md. Code Ann., Com. Law § 14-1203(a)(5) · Md. Code Ann., Com. Law § 14-1204 · Md. Code Ann., Com. Law § 14-1210 · Md. Code Ann., Com. Law § 14-1212(a)
Registration and bonding of consumer reporting agencies
Maryland is one of a small number of states that requires a consumer reporting agency to register with the State and to post security, and the obligation is unrelated to the website. Section 14-1215 provides in full that "A consumer reporting agency shall register each year with the Commissioner under this subtitle." Section 14-1217 requires a surety bond or irrevocable letter of credit to be filed with a new or renewal registration filed on or after 1 June 2019, running to the Commissioner as obligee for the benefit of the State, any consumer injured by a violation of the subtitle and any consumer who suffers actual damages from a breach of the security of a system experienced by the agency, in "an amount not exceeding $1,000,000, as determined by the Commissioner by regulation". A cancellation is not effective until 90 days after the Commissioner receives written notice sent by certified mail, return receipt requested, and liability continues for three years after the later of cancellation or the agency ceasing to be registered. The bond is expressly not conditioned on an administrative enforcement action by the Commissioner as a prerequisite to liability. Registration and bonding are therefore a standing compliance item for the agency rather than for the employer that buys the report.
Md. Code Ann., Com. Law § 14-1215 · Md. Code Ann., Com. Law § 14-1217 · Md. Code Ann., Com. Law § 14-1221 · Md. Code Ann., Com. Law § 14-1226
Ban-the-box, private sector
The Criminal Record Screening Practices Act, Lab. & Empl. §§ 3-1501 to 3-1505, bars an employer from requiring an applicant to disclose a criminal record or criminal accusations at any time before the first in-person interview, and permits the requirement during that interview. The employer floor is fifteen or more full-time employees, the definition of criminal record includes an arrest, a stet, a probation before judgment and a disposition of not criminally responsible, and "Employment" reaches contractual, temporary, seasonal and contingent work and work through an employment agency. The subtitle does not apply to an employer that provides programs, services or direct care to minors or vulnerable adults, and it does not prohibit an inquiry another federal or State law requires or expressly authorizes.
Md. Code Ann., Lab. & Empl. § 3-1501(b) · Md. Code Ann., Lab. & Empl. § 3-1501(c) · Md. Code Ann., Lab. & Empl. § 3-1502 · Md. Code Ann., Lab. & Empl. § 3-1503
Ban-the-box, public sector and local floor
The subtitle reaches a person acting in the interest of an employer directly or indirectly, which is the clause that brings a staffing or screening intermediary within it, but it does not name the State or a local government in its employer definition. The article defines "Person" and "Governmental unit" separately at § 1-101(c) and (d), and § 3-1501(c)(1) uses "person". What the subtitle does do at § 3-1502(b) is preserve a local floor: it "may not be construed to preempt a local jurisdiction from enacting or enforcing a law that is more restrictive with respect to criminal record screening practices of employers in the local jurisdiction." Montgomery County and Baltimore City have both used that room, and their ordinances are set out above.
Md. Code Ann., Lab. & Empl. § 1-101(c) · Md. Code Ann., Lab. & Empl. § 1-101(d) · Md. Code Ann., Lab. & Empl. § 3-1501(c)(2) · Md. Code Ann., Lab. & Empl. § 3-1502(b)
Lookback limits
Maryland has one, it is seven years, and it applies to convictions. Section 14-1203(a)(5) bars a consumer report containing "Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years". The clause names conviction alongside arrest and indictment and contains no exception for convictions, so the ordinary reading is that a Maryland report may not carry a conviction older than seven years measured from disposition, release or parole. The exemptions in subsection (b) remove the limit for "any consumer credit report" used in connection with a credit transaction of $150,000 or more, the underwriting of life insurance of a face amount of $150,000 or more, or "The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $75,000 or more", which is the state counterpart to the federal high-salary exemption. Nothing in the Labor and Employment subtitle imposes a lookback of its own, and the state mechanism for old records is expungement and shielding rather than time.
Md. Code Ann., Com. Law § 14-1203(a)(5) · Md. Code Ann., Com. Law § 14-1203(b)(3) · Md. Code Ann., Lab. & Empl. § 3-1501(b)
Non-conviction records
Non-convictions are addressed at both ends of the process. On the report side, § 14-1203(a)(5) covers "Records of arrest, indictment, or conviction" without distinguishing dispositions, so an arrest record is inside the seven-year cut-off as well as a conviction. On the decision side, the screening subtitle defines a criminal record to include "an arrest" and a disposition of probation before judgment, and § 3-1503(a) bars requiring disclosure about "criminal accusations" as well as about a criminal record. Montgomery County goes further still at § 27-72(c), which bars inquiry at any time about an arrest for a matter that did not result in a conviction. The state adds destruction and sealing machinery in Crim. Proc. Title 10, Subtitle 1 and shielding in Subtitle 3, which are treated separately below.
Md. Code Ann., Com. Law § 14-1203(a)(5) · Md. Code Ann., Lab. & Empl. § 3-1501(b)(1) · Md. Code Ann., Lab. & Empl. § 3-1503(a) · Montgomery County Code § 27-72(c)(1)
Expungement and what a person may say
Expungement is enforced against the employer as well as the custodian, and it comes with a statement right. Section 10-109(a)(1) provides that disclosure of expunged information about criminal charges in an application, interview or other means "may not be required" by an employer or educational institution of a person who applies for employment or admission, and (a)(2) provides that "A person need not refer to or give information concerning an expunged charge when answering a question concerning" a criminal charge that did not result in a conviction or a conviction that the Governor pardoned. Subsection (a)(3) provides that a refusal to disclose an expunged charge "may not be the sole reason for" an employer to discharge or refuse to hire the person. A violation is a misdemeanor punishable by a fine of up to $1,000 or imprisonment of up to one year or both for each violation. Eligibility runs on two petition routes, the grounds at § 10-105 and the misdemeanor conviction route at § 10-110, and the rule against opening or disclosing an expunged record without a court order is § 10-108.
Md. Code Ann., Crim. Proc. § 10-109 · Md. Code Ann., Crim. Proc. § 10-105 · Md. Code Ann., Crim. Proc. § 10-108 · Md. Code Ann., Crim. Proc. § 10-110
Shielding and the access that survives it
Shielding reaches a defined list of convictions and it does not close the record to every employer. Section 10-301(f) defines a "Shieldable conviction" as twelve offenses, including disorderly conduct, disturbing the peace, failure to obey a reasonable and lawful order, malicious destruction of property in the lesser degree, trespass on posted property, possessing or administering a controlled dangerous substance, possessing or administering a noncontrolled substance, use of or possession with intent to use drug paraphernalia, three driving offenses, and a prostitution offense other than assignation, and (g) defines a "Unit" as two or more convictions arising from the same incident, transaction or set of facts. Section 10-303(a) allows a petition "no earlier than 3 years after the person satisfies the sentence or sentences imposed for all convictions for which shielding is requested, including parole, probation, or mandatory supervision", (c) provides that if one conviction in a unit is ineligible none in the unit is eligible, and (e)(4) provides that "A person may be granted only one shielding petition over the lifetime of the person." Section 10-306(b)(1) then bars an employer from requiring disclosure of shielded information and from discharging or refusing to hire solely because the person refused to disclose it. But § 10-302(b)(2) provides that a shielded record "shall remain fully accessible by" prospective or current employers or government licensing agencies "that are subject to a statutory or regulatory requirement or authorization to inquire into the criminal background of an applicant or employee for purposes of carrying out that requirement or authorization", and four further categories of access survive at (b)(3), (b)(6), (b)(7) and (b)(8). A shielded record is therefore not a deleted record, and an employer with a checking statute keeps its sight of it.
Md. Code Ann., Crim. Proc. § 10-301(f) · Md. Code Ann., Crim. Proc. § 10-302(b)(2) · Md. Code Ann., Crim. Proc. § 10-303 · Md. Code Ann., Crim. Proc. § 10-304 · Md. Code Ann., Crim. Proc. § 10-306(b)
Credit checks
Permitted only on a defined basis, and Maryland is one of the states that regulates this directly. Section 3-711(b) provides that, except as provided in subsection (c), "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." Subsection (c)(1) allows the request or use where the applicant "has received an offer of employment" and the report will be used for a purpose other than a prohibited purpose, or where the employer has a bona fide purpose that is "substantially job–related" and "disclosed in writing to the employee or applicant". Subsection (c)(2) lists positions that qualify, including a managerial position involving setting the direction or control of a business or a unit of one, a position involving access to personal information of a customer, employee or employer, a position involving a fiduciary responsibility to the employer, a position provided an expense account or a corporate debit or credit card, and a position with access to trade secrets or other confidential business information. Subsection (a) exempts employers required to inquire into credit under federal or State law, federally insured depository institutions and their affiliates, credit union share guaranty corporations and SEC-registered investment advisors and their affiliates. Enforcement is by written complaint to the Commissioner, with a civil penalty of up to $500 for an initial violation and up to $2,500 for a repeat violation, and a de novo administrative hearing on request within 30 days. Subsection (e) provides that the section does not prohibit an employment-related background investigation that uses a consumer report or investigative consumer report, is authorized under the federal Fair Credit Reporting Act, and "does not involve investigation of credit information".
Md. Code Ann., Lab. & Empl. § 3-711(b) · Md. Code Ann., Lab. & Empl. § 3-711(c) · Md. Code Ann., Lab. & Empl. § 3-711(d) · Md. Code Ann., Lab. & Empl. § 3-711(e)
Salary history and wage range
Maryland prohibits the question, with a post-offer exception. Section 3-304.2(a)(2) requires an employer, in each public or internal posting for a position physically performed at least in part in the State, to disclose the wage range and a general description of benefits and other compensation, and to give that information to an applicant before a discussion of compensation is held where no posting was made available. Subsection (d)(1)(ii) provides that an employer may not, except as provided in paragraph (2), "rely on the wage history of an applicant for employment in screening or considering the applicant for employment or in determining the wages for the applicant" or "seek the wage history for an applicant for employment orally, in writing, or through an employee or an agent or from a current or former employer". Subsection (d)(2) permits reliance on or confirmation of wage history "voluntarily provided" by the applicant only after the employer makes an initial offer with an offer of compensation and only to support a wage offer higher than the initial one, and paragraph (3) conditions even that on the higher wage not creating an unlawful pay differential under § 3-304. Subsection (d)(1)(i) bars retaliation, refusal to interview, hire or employ, or refusal to promote or transfer, because the applicant did not provide wage history or exercised a right under the section, and subsection (e) provides that nothing in the section prohibits an applicant from sharing wage history voluntarily.
Md. Code Ann., Lab. & Empl. § 3-304.2(a) · Md. Code Ann., Lab. & Empl. § 3-304.2(d) · Md. Code Ann., Lab. & Empl. § 3-304.2(e)
Cannabis, medical
No private-employment protection for a registered patient, and the protection that exists is an immunity for listed persons. Alcoholic Beverages and Cannabis § 36-1201 provides that the following persons, "acting in accordance with the provisions of this title", may not "be subject to arrest, prosecution, revocation of mandatory supervision, parole, or probation, or any civil or administrative penalty, including a civil penalty or disciplinary action by a professional licensing board, or be denied any right or privilege, for the use or possession of cannabis that is authorized under this title": a qualifying patient; a cannabis licensee or registrant; a certifying provider; a caregiver; an academic research representative; a hospital, medical facility or hospice program where a qualifying patient is receiving treatment; and designated school personnel authorized to administer medical cannabis to a student under § 7-446 of the Education Article. The section names those persons and not employers, and the phrase "denied any right or privilege" is an immunity attaching to the listed person rather than a prohibition addressed to a third party. No provision of Title 36 was found that bars a private employer from acting on a positive test or on a patient’s status, and the subtitle that was read in full contains none. The one employer-facing cannabis provision enacted in the 2026 session is narrow and is treated below.
Md. Code Ann., Alco. Bev. & Cannabis § 36-1201 · Md. Code Ann., Alco. Bev. & Cannabis § 36-101
Cannabis, adult use and the 2026 amendment
No general off-duty protection, and the 2026 session added one narrow category. The Cannabis Reform Act recodified adult-use cannabis into the Alcoholic Beverages and Cannabis Article without an employment-discrimination provision reaching a private employer, and the bills that would have created one in the 2025 and 2026 sessions, including HB 1408 and SB 1023 of 2025 and HB 797 and HB 1643 of 2026, were not enacted. What was enacted is Chapter 183 of the 2026 Laws (Senate Bill 439), which takes effect 1 October 2026 and adds subsection (g) to § 20-606 of the State Government Article. On the basis of a fire and rescue public safety employee’s possession of a valid written certification, or of a positive test for cannabis components or metabolites while holding one, an employer may not discipline, discharge or otherwise discriminate against that employee with respect to compensation, terms, conditions or privileges of employment, or limit, segregate or classify its employees in a way that would deprive the employee of employment opportunities or otherwise adversely affect the employee’s status. Paragraph (3) provides that nothing in the subsection requires an employer to commit an act that would violate federal law or regulations or cause it to lose a monetary or licensing-related federal benefit, and nothing prohibits policies that bar performing duties while impaired by cannabis or using cannabis on duty, and paragraph (4) requires the employer to report to the State Emergency Medical Services Board if a covered employee reports for work while impaired. The amendment is limited to a defined category of public safety employee and does not change the position for the general workforce.
Md. Code Ann., State Gov. § 20-606(g), as enacted by Md. 2026 Laws ch. 183 (S.B. 439) · Md. Code Ann., State Gov. § 20-601(d)
Statewide repository and who may request
The repository is the Criminal Justice Information System Central Repository in the Department of Public Safety and Correctional Services, established by § 10-213(a) and described at § 10-213(c)(1) as "the official State repository for criminal history record information". Dissemination is restricted at § 10-219(a): "Except in accordance with applicable federal law and regulations, a criminal justice unit and the Central Repository may not disseminate criminal history record information." Access for a private employer runs through the Private Party Petition and, as the Department states, "If approved under the Private Party Petition process, the agency is only entitled to Maryland (State) criminal history record information", with the petition approved for specific positions or job titles and the records not to be shared onward. The fee schedule for obtaining the information for other than criminal justice purposes is set by regulation under § 10-221(b)(7). Section 10-214 requires each criminal justice unit to report arrest and warrant data "within 72 hours after the earlier of the arrest or the issuance of the arrest warrant" and any other reportable event within 60 days, § 10-223 gives a person who has inspected their own record the right to challenge its completeness, contents, accuracy or dissemination and requires the Central Repository to "notify the person challenging the criminal history record information in writing of the audit results and its decision" within 90 days, and § 10-237 enacts the National Crime Prevention and Privacy Compact, which is the instrument under which a Maryland record travels to another state for a non-criminal-justice purpose.
Md. Code Ann., Crim. Proc. § 10-213 · Md. Code Ann., Crim. Proc. § 10-219(a) · Md. Code Ann., Crim. Proc. § 10-221(b)(7) · Md. Code Ann., Crim. Proc. § 10-223 · Md. Code Ann., Crim. Proc. § 10-237
Court structure
Two trial courts on two geographies, and neither is a county run. The circuit courts are county courts, created by Article IV, § 20(a) of the Constitution as one "for each County and for Baltimore City", with the jurisdiction described at CJP § 1-501. The District Court is one statewide court divided into twelve districts by CJP § 1-602, and six of the districts hold more than one county. Article IV, § 19 additionally groups the circuit courts into eight Judicial Circuits with Baltimore City alone in the Eighth, which is a third geography. The District Court holds exclusive original jurisdiction over common-law and statutory misdemeanors under § 4-301(b)(1), and its jurisdiction is concurrent with the circuit court in a criminal case where the penalty may be confinement for three years or more or a fine of $2,500 or more under § 4-302(d)(1). Case Search is the public index the Department names as the route to a court disposition; it is closed to automated access from this environment and its coverage is therefore unverified. Section 10-304 provides that "The Maryland Judiciary Case Search may not in any way refer to the existence of specific records shielded in accordance with this subtitle.
Md. Const. Art. IV, §§ 19, 20(a) · Md. Code Ann., Cts. & Jud. Proc. § 1-501 · Md. Code Ann., Cts. & Jud. Proc. § 1-602 · Md. Code Ann., Cts. & Jud. Proc. § 4-301 · Md. Code Ann., Cts. & Jud. Proc. § 4-302 · Md. Code Ann., Crim. Proc. § 10-304
Automated hiring decisions
No enacted Maryland statute regulates automated employment decision tools. Bills were introduced in the last two sessions and did not pass, including HB 1399 of 2026 on algorithmic systems used by consumer reporting agencies and SB 936 of 2025 on high-risk artificial intelligence, both of which were read in the session bill list and neither of which became law. Maryland does have a general commercial privacy and data-protection framework in the Commercial Law Article, and the Personal Information Protection Act at Com. Law Title 14, Subtitle 35 governs the treatment of personal information, but no provision of the instruments read in this pass reaches the use of an automated tool to screen an applicant. The finding is stated as a finding about the enacted law located and not as a categorical negative about the Code.
Maryland General Assembly bill master list, 2025 and 2026 sessions · Md. Code Ann., Com. Law § 14-3501
Other screening instruments
Two adjacent prohibitions are worth carrying because they are commonly confused with the screening rule. Section 3-712 bars an employer from requesting or requiring that an employee or applicant disclose "any user name, password, or other means for accessing a personal account or service through an electronic communications device", with an exception permitting an employer to require an employee to disclose access to nonpersonal accounts or services that provide access to the employer’s internal computer or information systems. Section 3-702 bars an employer from requiring or demanding a polygraph examination or similar test "as a condition of employment, prospective employment, or continued employment", and it carries a notice duty that is easy to miss: each application for employment "shall set out, in bold–faced upper case type", a notice of the prohibition and of the $100 maximum fine, with a space for the applicant to sign an acknowledgment, and a violation is a misdemeanor. Its definition of "employer" expressly includes the State, a county and a municipal corporation, which is the drafting the Legislature used when it meant it, and did not use in the screening subtitle. Section 3-701 governs an inquiry into disability and carries an express private right of action for injunctive relief, damages or other relief, which the screening subtitle does not.
Md. Code Ann., Lab. & Empl. § 3-712 · Md. Code Ann., Lab. & Empl. § 3-702 · Md. Code Ann., Lab. & Empl. § 3-701
The statute that surprises people
The inquiry ban that ends at the first in-person interview
Md. Code Ann., Lab. & Empl. § 3-1503
Section 3-1503 is two sentences and it decides the shape of a Maryland process. Subsection (a) provides: "Except as provided in subsection (b) of this section, an employer may not, at any time before the first in–person interview, require an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against the applicant." Subsection (b) then provides: "An employer may require an applicant to disclose during the first in–person interview with the applicant whether the applicant has a criminal record or has had criminal accusations brought against the applicant."
The trigger is the first in-person interview, which is a different point in the process from a conditional offer. The subtitle is titled "Criminal Record Screening Practices (Ban the Box)" and it is enforced as an inquiry rule with a clock on it rather than as a restriction on the decision. A process that waits for a conditional offer before asking satisfies the section by waiting longer than it has to, and a process that runs a criminal record check before the first interview does not satisfy it at all, because (a) is drafted against requiring a disclosure "at any time before" that interview and not against a question on an application form.
The second thing the text does is define the subject of the question more widely than the name suggests. Section 3-1501(b) provides that "“Criminal record” means:" an arrest; a plea or verdict of guilty; a plea of nolo contendere; "the marking of a charge “stet” on the docket"; "a disposition of probation before judgment"; or "a disposition of not criminally responsible". A stet and a probation before judgment are dispositions that avoid a conviction, and a finding of not criminally responsible is not a conviction, so three of the six items on the list are things that would not appear as convictions on a report built to a conviction-only standard. The prohibition in § 3-1503(a) also reaches "criminal accusations", which is wider again than the defined term it sits beside.
The employer definition sets the size floor and reaches intermediaries. Section 3-1501(c)(1) provides that "“Employer” means a person who employs 15 or more full–time employees", and (c)(2) provides that "“Employer” includes a person who acts, directly or indirectly, in the interest of an employer with respect to an employee of the employer." The article defines "Person" at § 1-101(d) as "an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity", and defines "Governmental unit" separately at § 1-101(c) as the State, a county, municipal corporation or other political subdivision, or a unit of either. The subtitle uses the word "person" and does not name a governmental unit, which is worth reading before assuming a public employer is inside it. "Employment" is defined at § 3-1501(d) to include contractual, temporary, seasonal or contingent work and "work through the services of a temporary or other employment agency", so the size floor is measured against a workforce that includes contingent staff.
Three limits are written into the subtitle itself. Section 3-1502(a)(1) does not prohibit "an inquiry or taking other action that the employer is required to take or is expressly authorized to take by another applicable federal or State law", and (a)(2) provides that the subtitle does not "apply to an employer that provides programs, services, or direct care to minors or to vulnerable adults". Section 3-1502(b) then provides that "This subtitle may not be construed to preempt a local jurisdiction from enacting or enforcing a law that is more restrictive with respect to criminal record screening practices of employers in the local jurisdiction." That subsection is the reason the two county and city overlays on this page are enforceable rather than preempted, and it is the reason a single statewide answer is the wrong shape for Maryland.
Enforcement is administrative and the penalty is modest. Section 3-1505(a) provides that on a determination of a violation "the Commissioner: (1) shall issue an order compelling compliance; and (2) for a subsequent violation, may, in the Commissioner’s discretion, assess a civil penalty of up to $300 for each applicant for employment or employee with respect to whom the employer violated any provision of this subtitle." The Commissioner is the Commissioner of Labor and Industry, defined at § 3-101(b). In setting the amount the Commissioner "shall consider" the gravity of the violation, the size of the employer’s business, the employer’s good faith and the employer’s history of violations, and the assessment is subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article. Section 3-1504 prohibits retaliation against an applicant or employee who claims a violation. The subtitle creates no private right of action of its own, which distinguishes it from the disability-inquiry provision at § 3-701 that carries an express private action for injunctive relief or damages.
The practical read is that the restraint falls on the front of the process and not on the decision. The prohibited period runs to the first in-person interview, the prohibited subject includes an arrest, a stet and a probation before judgment, the employer floor is fifteen full-time employees including contingent and agency workers, and the remedy runs through the Commissioner rather than through a court. An employer that runs a criminal record check before the first interview cannot fix that by asking the question later, because the check itself is the disclosure requirement the section names.
Cities that go further than the state
- Montgomery County. Chapter 27, Article XII of the Montgomery County Code, "Fair Criminal Records Screening Standards", is a stricter rule than the State subtitle on four points. The employer floor is one employee, not fifteen: § 27-71(c) defines "Employer" as any person or entity "operating and doing business in the County that employs 1 or more persons in the County", including the County government and excluding the United States, the State and any other local government. The trigger is a conditional offer, not an interview: § 27-72(b) provides that an employer "must not, at any time before the extension of a conditional offer to the applicant" require the applicant to disclose an arrest or conviction record, "conduct a criminal record check on the applicant", or inquire of the applicant or others. Some records may not be asked about at any time: § 27-72(c) bars inquiry about an arrest that did not result in a conviction, a first conviction for trespass or disturbance of the peace, a misdemeanor where at least three years have passed since both the conviction and the end of any incarceration, records confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article, and records expunged under §§ 10-101 to 10-110 of the Criminal Procedure Article, and § 27-72(d) bars basing a hiring or promotion decision on any of them. The applicant also gets a state-law pre-adverse period: § 27-73(a) requires the employer, before rescinding a conditional offer on the basis of a record, to give the applicant a copy of any criminal record report, notify the applicant of the intention to rescind and the items relied on, and "delay rescinding the conditional offer for 7 days to permit the applicant to give the employer notice of inaccuracy". The article reaches promotions as well as hires, because "Applicant" is defined to include "a current employee who requests to be considered for a promotion". Exemptions at § 27-74 cover inquiries expressly authorized by federal, State or County law, the County Police Department, the County Fire and Rescue Service and the County Department of Corrections and Rehabilitation, an employer that provides programs, services or direct care to minors or vulnerable adults, and an employer hiring for a position requiring a federal security clearance. A complaint goes to the Executive Director of the Office of Human Rights under § 27-75 and § 27-7. Montgomery County Code § 27-71(c) · Montgomery County Code § 27-72(b) · Montgomery County Code § 27-72(c) · Montgomery County Code § 27-73(a) · Montgomery County Code § 27-74 · Montgomery County Code § 27-75
- Baltimore City. Article 11, Subtitle 15 of the Baltimore City Code, "Fair Criminal-Record Screening Practices", enacted by Ordinance 14-221 and effective 13 August 2014, sets a lower employer floor and a stronger remedy than the State subtitle. "Covered employer" or "employer" means "any person that employs 10 or more full-time equivalent employees in the City of Baltimore" (§ 15-1(d)), and "Employment" is defined to include "contractual, temporary, seasonal, or contingent work" and "work through the services of a temporary or other employment agency" (§ 15-1(e)). The trigger is a conditional offer rather than an interview: § 15-6(b) provides that a covered employer "may not, at any time before a conditional offer of employment has been extended" require the applicant to disclose whether he or she "has a criminal record or otherwise has had criminal accusations brought against her or him", conduct a criminal-record check, or "otherwise make any inquiry of the applicant or others". The exceptions at § 15-7 are limited to an inquiry or action "required or expressly authorized by an applicable Federal, State, or City law or regulation" and to a facility or employer that "provides programs, services, or direct care to minors or to vulnerable adults". Enforcement is by complaint to the Baltimore Community Relations Commission under § 15-11(a), which is filed, investigated and heard in the same manner as an unlawful discriminatory employment practice under Article 4 of the City Code, and the Commission may award back pay for lost wages, reinstatement, compensatory damages that may include compensation for humiliation, embarrassment and emotional distress and expenses incurred in seeking other employment, and reasonable attorney’s fees. Section 15-16 makes a violation a misdemeanor punishable by a fine of up to $500 or imprisonment of up to 90 days or both for each offense. Two drafting points are worth carrying: "Conviction" is defined at § 15-1(c) as a sentence arising from a verdict or plea of guilty or nolo contendere, including a suspended sentence, and so does not reach a stet or a probation before judgment in the way the State definition does; and the definition section shows subsections (f) and (h) as repealed, with no surviving definition of "criminal record" in the subtitle. Baltimore City Code, Art. 11, § 15-1(d) · Baltimore City Code, Art. 11, § 15-6(b) · Baltimore City Code, Art. 11, § 15-7 · Baltimore City Code, Art. 11, § 15-11 · Baltimore City Code, Art. 11, § 15-16
Reporting limits at a glance
Every figure below is against Maryland law. Where a row says “federal only”, the state has set nothing and 15 U.S.C. §1681c governs.
| Dimension | Limit | Source and qualification |
|---|---|---|
| Lookback | 7 years | Com. Law § 14-1203(a)(5) bars a report containing "Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years". The clause names conviction and contains no exception for convictions. This is a limit on the report, not on the hiring decision. |
| Lookback, high salary | $75,000 | Com. Law § 14-1203(b)(3) lifts the subsection (a) limits, including the seven-year rule, for "any consumer credit report" used in connection with "The employment of any individual at an annual salary which equals, or which may reasonably be expected to equal, $75,000 or more", alongside the $150,000 credit and life-insurance thresholds. |
| Ban-the-box window | Before the first in-person interview | Lab. & Empl. § 3-1503(a) bars requiring a disclosure about a criminal record or criminal accusations "at any time before the first in–person interview", and (b) permits it "during the first in–person interview". The trigger is the interview, not a conditional offer. |
| Employer size | 15 full-time employees | Lab. & Empl. § 3-1501(c)(1). Subsection (c)(2) adds "a person who acts, directly or indirectly, in the interest of an employer with respect to an employee of the employer", and § 3-1501(d) brings in contractual, temporary, seasonal and contingent work and work through an employment agency. |
| Employer size, Montgomery County | 1 employee | Montgomery County Code § 27-71(c) defines "Employer" as any entity doing business in the County that "employs 1 or more persons in the County". The county trigger is a conditional offer, not an interview. |
| Employer size, Baltimore City | 10 full-time equivalent | Baltimore City Code, Art. 11, § 15-1(d). Section 15-1(e) brings contractual, temporary, seasonal and contingent work and work through a temporary or other employment agency within "Employment". |
| Non-conviction | Part of the definition | Lab. & Empl. § 3-1501(b) defines "Criminal record" to include an arrest, a stet and a probation before judgment, and § 3-1503(a) reaches "criminal accusations". Montgomery County § 27-72(c) bars inquiry at any time about an arrest that did not result in a conviction. |
| Expunged records | Disclosure may not be required | Crim. Proc. § 10-109(a). A person "need not refer to or give information concerning an expunged charge", a refusal may not be the sole reason to discharge or refuse to hire, and a violation is a misdemeanor punishable by up to $1,000 or one year or both for each violation. |
| Shielded records | Employer duty, with employer access | Crim. Proc. § 10-306(b)(1) bars requiring disclosure of shielded information, and § 10-302(b)(2) leaves the record "fully accessible by" an employer with a statutory or regulatory requirement or authorization to inquire into criminal background. |
| Credit checks | Offer or written bona fide purpose | Lab. & Empl. § 3-711(b) bars using credit history to deny employment, discharge or set compensation or terms, subject to (c): an offer of employment, or a bona fide purpose that is substantially job-related and disclosed in writing. Penalty up to $500 initial and $2,500 repeat. |
| Salary history | Prohibited, post-offer exception | Lab. & Empl. § 3-304.2(d)(1)(ii) bars relying on or seeking an applicant’s wage history. Subsection (d)(2) permits reliance on or confirmation of wage history voluntarily provided only after an initial offer, to support a higher wage, and only if no unlawful pay differential results. |
| Cannabis, registered patient | No private-employer protection | Alco. Bev. & Cannabis § 36-1201 is an immunity for listed persons, including a qualifying patient and a caregiver, "acting in accordance with the provisions of this title". No provision read bars a private employer from acting on a positive test or on patient status. |
| Cannabis, fire and rescue | From 1 October 2026 | Md. 2026 Laws ch. 183 (S.B. 439) adds State Gov. § 20-606(g), which bars discipline, discharge or discrimination against a fire and rescue public safety employee on the basis of a valid written cannabis certification or a positive test while holding one, subject to federal-law and impairment carve-outs. |
| State repository | Petition, per job title | Crim. Proc. § 10-213(c)(1) and § 10-219(a). The Department states that an employer or licensing agency must make the request and that an approved private party petitioner "is only entitled to Maryland (State) criminal history record information", approved per position or job title. |
| Provider registration | Annual registration and bond | Com. Law § 14-1215 requires annual registration with the Commissioner, and § 14-1217 requires a surety bond or irrevocable letter of credit of up to $1,000,000, with liability continuing three years after cancellation or de-registration. |
| Self-check by the applicant | Prohibited | Crim. Proc. § 10-228: an employer or prospective employer may not require a person to inspect or challenge their own criminal history record information to obtain a copy to qualify for employment. Misdemeanor, up to $5,000 or six months or both for each violation. |
Adverse action here
The federal sequence applies unchanged: pre-adverse action notice with a copy of the report and the summary of rights, a reasonable opportunity to dispute, then the adverse action notice with the agency’s details and a dispute route. The FCRA article sets it out in full.
Maryland adds a state notice duty of its own at the decision point. Section 14-1212(a) provides that whenever employment involving a consumer "is denied or the charge for credit or insurance is increased either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report shall so advise the consumer against whom the adverse action has been taken and supply the name and address of the consumer reporting agency making the report". The duty carries its own liability rule at (c): a person is not liable for a violation if he shows by a preponderance of the evidence that he maintained reasonable procedures to assure compliance.
A second state duty attaches earlier, when a public record item is reported rather than when a decision is made. Section 14-1210 requires a consumer reporting agency that furnishes a report for employment purposes and compiles public record information likely to have an adverse effect on the consumer’s ability to obtain employment to either notify the consumer at the time the information is reported, with the name and address of the person to whom it is being reported, or "Maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date". The same section provides that items relating to "arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported", which is the standard to hold a vendor to when a disposition is missing.
Section 14-1204 adds a pre-request disclosure for the investigative product. A person may not procure or cause to be prepared an investigative consumer report unless it is clearly and accurately disclosed to the consumer that such a report may be made, in a writing mailed or otherwise delivered "not later than three days after the date on which the report was first requested", and on written request the consumer is entitled to a complete and accurate disclosure of the nature and scope of the investigation, delivered "not later than five days after the date on which the request for the disclosure was received from the consumer or the report was first requested, whichever is the later".
In Montgomery County the pre-adverse period is longer than the federal reasonableness standard, and it is measured in days. Section 27-73(a) requires that before rescinding a conditional offer on the basis of an item in an arrest or conviction record the employer give the applicant a copy of any criminal record report, notify the applicant of the intention to rescind and the items that are the basis for it, and "delay rescinding the conditional offer for 7 days to permit the applicant to give the employer notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based". Subsection (b) requires written notice of the rescission itself. A county process that sends a federal pre-adverse letter and acts on the following business day has not given the seven days the ordinance names.
Two provisions change what a letter can ask for. Crim. Proc. § 10-109(a) provides that disclosure of an expunged charge "may not be required" by an employer, that a person "need not refer to or give information concerning an expunged charge" when answering about a charge that did not result in a conviction or a pardoned conviction, and that a refusal may not be the sole reason to discharge or refuse to hire. Crim. Proc. § 10-306(b)(1) does the same for shielded information. An employer that asks an applicant to explain a disposition that has been expunged or shielded is asking for something the applicant is entitled not to give, and § 10-228 makes it a misdemeanor to require the applicant to obtain their own record to qualify for the job.
Maryland has no state adverse-action duty for a criminal-history report considered alone: the criminal-history instruments are the screening rule in the Labor and Employment Article, which regulates the inquiry, and the reporting limits in the Commercial Law Article, which regulate the content. The state overlay on the federal sequence is therefore the § 14-1212(a) notice and the § 14-1210 public-record duty for the agency, the § 14-1204 investigative report disclosure, and in Montgomery County the seven-day delay at § 27-73(a).
Screening in Maryland: what your process needs
- Move the criminal record question to the first in-person interview or later. Lab. & Empl. § 3-1503(a) bars requiring the disclosure "at any time before the first in–person interview", and the prohibition is on requiring a disclosure rather than on asking a question on a form, so a pre-interview screening step is inside it whatever the form says.
- Do not describe Maryland as a conditional-offer state. The trigger is the interview under § 3-1503(b). Waiting for an offer is lawful and is stricter than the statute requires, but it is not what the statute says, and a client questionnaire that records Maryland as post-offer is recording the wrong date.
- Read the definition of criminal record before deciding what to report on the question. Section 3-1501(b) includes an arrest, the marking of a charge "stet" on the docket, a disposition of probation before judgment and a disposition of not criminally responsible, none of which is a conviction.
- Check the fifteen-employee floor against the whole workforce. Section 3-1501(c)(1) sets it at fifteen full-time employees, and § 3-1501(d) defines employment to include contractual, temporary, seasonal and contingent work and work through a temporary or other employment agency, so the count is not the payroll headcount alone.
- Apply the seven-year cut-off to convictions, not only to arrests. Com. Law § 14-1203(a)(5) names conviction and has no exception for it, which is the point on which the Maryland text departs from the federal provision it was modeled on. Check the § 14-1203(b) exemptions before treating a high-salary role as outside it.
- Do not check Maryland with a vendor that is not the employer of record for the position. The Department’s terms are that the employer or licensing agency must request the check, that an approved private party petitioner "is only entitled to Maryland (State) criminal history record information", and that approval runs per position or job title. A new job title means the petition has to be amended.
- Do not ask the applicant to pull their own record. Crim. Proc. § 10-228 makes it a misdemeanor, punishable by up to $5,000 or six months or both for each violation, for an employer or prospective employer to require a person to inspect or challenge their own criminal history record information to obtain a copy to qualify for employment.
- Expect a Maryland record to be a Maryland record. The Department distinguishes the two checks in its own words: "State of Maryland background checks disclose the crimes committed. FBI background checks do not disclose specific crimes committed." A federal check answers a different question and should not be presented as a Maryland one.
- Treat expunged and shielded records as a question the applicant need not answer. Sections 10-109(a) and 10-306(b)(1) bar requiring the disclosure, and § 10-109(a)(3) bars making a refusal the sole reason to discharge or refuse to hire.
- Do not tell a client that shielding removes a record. Crim. Proc. § 10-302(b)(2) leaves a shielded record "fully accessible by" an employer or licensing agency with a statutory or regulatory requirement or authorization to inquire into criminal background, and four further access categories survive at (b). The record leaves the public index under § 10-304 and not the authorized employer.
- Check Montgomery County separately for any position filled in the County. Chapter 27, Article XII reaches an employer with one or more employees in the County, moves the trigger to a conditional offer, bars inquiry at any time about non-conviction records and the other records listed at § 27-72(c), and requires a seven-day delay before rescinding an offer under § 27-73(a). The exemptions at § 27-74 are narrower than the State’s.
- Check Baltimore City separately for any position filled in the City. Article 11, Subtitle 15 reaches an employer with ten or more full-time equivalent employees, moves the trigger to a conditional offer, and exposes the employer to back pay, compensatory damages and attorney’s fees through the Community Relations Commission under § 15-11, with a criminal fine at § 15-16.
- Run a credit component only on a permitted basis. Lab. & Empl. § 3-711(b) bars using credit history to deny employment, discharge or set compensation, and § 3-711(c) permits it only after an offer or on a bona fide, substantially job-related purpose disclosed in writing. Subsection (e) protects an FCRA-authorized background investigation that does not involve credit information.
- Do not seek wage history, and do not accept it to justify a low offer. Section 3-304.2(d)(1)(ii) bars seeking or relying on it, and the exception at (d)(2) applies only after an initial offer and only to support a higher wage, with no unlawful pay differential resulting.
- Scope a court search by tier, district and county together. The circuit court is the county court under Article IV, § 20(a) and CJP § 1-501; the District Court is one statewide court in twelve districts under § 1-602, six of which hold more than one county; and Case Search is the index the Department names. A search that maps districts onto counties will misattribute a disposition six times out of twelve.
Related states
What we do
Maryland is a state where the timing rule and the content rule are in different articles and neither is where a vendor expects it. The timing rule is Lab. & Empl. § 3-1503, which bars requiring a disclosure about a criminal record or criminal accusations at any time before the first in-person interview, from fifteen employees up, and it defines a criminal record to include an arrest, a stet, probation before judgment and a disposition of not criminally responsible. The content rule is Com. Law § 14-1203(a)(5), which still bars a report of any arrest, indictment or conviction that antedates the report by more than seven years, with no conviction exception and with the federal high-salary carve-out attached, and the same title requires the agency that furnishes the report to register annually and post a bond of up to $1,000,000. The state criminal history sits in the Central Repository, which § 10-219(a) closes except as federal law allows and which the Department opens to a private petitioner only by position or job title and only for Maryland records that the petitioner may not share onward. Expungement and shielding put duties on the employer, and shielding still leaves a record fully accessible to the employer that has authority to check. Two local overlays are stricter than the State: Montgomery County from one employee, with a permanent bar on asking about non-conviction records and a seven-day pre-rescission period, and Baltimore City from ten, with compensatory damages and attorney’s fees through the Community Relations Commission. Our Maryland work keeps the interview, the offer and the report content apart, states whether a repository record or a court record answered the question, and checks the county and the city before it checks the state. If your current vendor reports a fifteen-year-old Maryland conviction, or asks on the application form and calls that ban-the-box, this is where that shows.
Sources
- Md. Code Ann., Lab. & Empl. § 3-1503, the prohibition on requiring disclosure of a criminal record before the first in-person interview
- Md. Code Ann., Lab. & Empl. § 3-1501, definitions, including the criminal record list at (b) and the fifteen-employee threshold at (c)(1)
- Md. Code Ann., Lab. & Empl. § 3-1502, exceptions and the non-preemption of more restrictive local law
- Md. Code Ann., Lab. & Empl. § 3-1505, enforcement and the civil penalty, and § 3-1504 on retaliation
- Md. Code Ann., Lab. & Empl. § 3-711, the credit report and credit history restriction, with the permitted bases at (c)
- Md. Code Ann., Lab. & Empl. § 3-304.2, wage range disclosure and the prohibition on seeking or relying on wage history
- Md. Code Ann., Com. Law § 14-1203, the reporting limits, including the seven-year rule for arrest, indictment and conviction records at (a)(5)
- Md. Code Ann., Com. Law § 14-1215, annual registration of a consumer reporting agency, and § 14-1217, the surety bond or irrevocable letter of credit
- Md. Code Ann., Com. Law § 14-1210, public record information in an employment report, and § 14-1212, the adverse action notice
- Md. Code Ann., Crim. Proc. § 10-109, the prohibition on requiring disclosure of an expunged charge
- Md. Code Ann., Crim. Proc. § 10-301, the shieldable conviction list, and § 10-302, the access that survives shielding, including (b)(2)
- Md. Code Ann., Crim. Proc. § 10-303, the three-year waiting period and the one-petition limit, and § 10-306, the employer duty
- Md. Code Ann., Crim. Proc. § 10-213 and § 10-219, the Central Repository and the restriction on dissemination, and § 10-228 on requiring a person to challenge their own record
- Md. Code Ann., Cts. & Jud. Proc. § 1-501 and § 1-602, the circuit courts and the twelve District Court districts, with CJP § 4-301 and § 4-302 on jurisdiction
- Md. Const. Art. IV, § 19 (the eight Judicial Circuits) and § 20 (a Circuit Court for each County and for Baltimore City)
- Md. Code Ann., Alco. Bev. & Cannabis § 36-1201, the immunity for listed persons acting under the medical cannabis title
- Chapter 183 of the 2026 Laws of Maryland (Senate Bill 439), adding State Gov. § 20-606(g) on fire and rescue public safety employees and medical cannabis, effective 1 October 2026
- Maryland Department of Public Safety and Correctional Services, Background Checks, the fee schedule and the terms of access for a private employer
- Maryland Department of Public Safety and Correctional Services, CJIS frequently asked questions, including the answers on requesting a check on another person and on report content
- Criminal Justice Information System, Form ITCD-74, Private Party Petition, the eligible-recipient categories and the certification against onward dissemination
- Maryland Judiciary Case Search, the public index the Department names as the route to a court disposition. Not searched: closed to this environment
- Montgomery County Code, Chapter 27, Article XII, Fair Criminal Record Screening Standards, §§ 27-71 to 27-75, read from the County’s code host
- Baltimore City Code, Article 11, Subtitle 15, Fair Criminal-Record Screening Practices, §§ 15-1 to 15-16, read from the City’s law library host
- Route note: mgaleg.maryland.gov serves its statute pages directly and through the r.jina.ai reader proxy, and every Maryland statute quotation on this page was read from that host. The host returns HTTP 200 with a "File Not Found" shell of roughly 60,000 bytes for a section that does not exist, so pages were validated by their text and not by their status code, and it renders the Code with en dashes where the Code uses hyphens and with curly quotation marks around defined terms, which is why the quotations carry those characters. dpscs.maryland.gov was reachable directly and through the proxy, and the chapter-law PDF was read through the proxy. Case Search is closed: HTTP 403 with a JavaScript and ad-blocker interstitial on direct request and a CAPTCHA warning through the proxy. codelibrary.amlegal.com is Cloudflare-blocked to direct requests and to the proxy on its overview pages, and the Montgomery County article was reached on a content node; codes.baltimorecity.gov renders through the proxy. No Maryland case law was read.
Last reviewed 23 September 2026. This page is checked on a quarterly cycle, because state screening law changes every legislative session. Nothing here is legal advice; see the terms of use.