Maryland Background Check Laws You Should Know
Maryland background check rules are a blend of federal law and Maryland-specific statutes around expungement, shielding, fair-chance hiring, and industry-specific screening. Maryland has been actively reforming this area in recent years, including the 2025 Expungement Reform Act.
Federal Laws That Apply in Maryland
Fair Credit Reporting Act (FCRA)
The FCRA is the primary federal law governing employment background checks. It requires Maryland employers to:
- Provide a clear written disclosure before running a background check
- Get your written authorization
- Send a "pre-adverse action" notice with a copy of the report if they may take negative action based on it
- Send a final adverse action notice if they decide not to hire because of the report
The FCRA caps how long certain non-conviction information can be reported (generally seven years), but criminal convictions themselves have no federal time limit.
Title VII of the Civil Rights Act
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. EEOC guidance encourages Maryland employers to make individualized assessments of criminal records rather than applying blanket disqualifications.
Fair Chance to Compete for Jobs Act (Federal "Ban the Box")
For federal agencies and many federal contractors, a significant portion of the Maryland workforce, this law delays criminal history questions until after a conditional job offer has been made.
Important Maryland Laws
Maryland Ban-the-Box (Criminal Record Screening Practices Act)
Maryland's statewide Ban-the-Box law, which took effect February 29, 2020, applies to private employers with 15 or more full-time employees. It prohibits employers from asking about criminal history on the initial job application or before the first in-person interview. Local jurisdictions including Baltimore City, Montgomery County, and Prince George's County have additional, often stricter, fair-chance ordinances.
Maryland Second Chance Act ("Shielding")
Under the Maryland Second Chance Act, certain misdemeanor convictions can be "shielded", removed from public view in Judiciary Case Search and similar databases, after a waiting period (typically three years from completion of the sentence). Shielding is available for a specific list of eligible offenses and does not work like a full expungement, but it can meaningfully limit who sees the record.
Maryland Expungement and the 2025 Expungement Reform Act (SB 432)
Maryland law allows expungement of certain arrests and convictions through a petition process. Different waiting periods and eligibility rules apply depending on the offense. The 2025 Expungement Reform Act (SB 432) significantly expanded the list of offenses eligible for expungement and streamlined parts of the process. Once granted, an expungement removes the record from public access, though law enforcement and certain licensing agencies retain visibility.
No General State Seven-Year Limit
Maryland does not impose its own statewide cap on how far back conviction records can be reported in employment screening. The federal FCRA rules govern, non-conviction items are generally capped at seven years, but actual convictions can be reported indefinitely.
Industry-Specific Requirements
Several Maryland industries have additional fingerprint-based background-check requirements set by state or federal law, including:
- Healthcare workers, including those regulated by the Maryland Board of Nursing and Board of Physicians
- Public and private school employees, including teachers, aides, and bus drivers
- Childcare providers and youth-serving organizations
- Insurance, real estate, and certain financial-services licensees
- Federal contractors and many roles requiring security clearance
Important: Maryland law has changed significantly in this area, especially with the 2025 Expungement Reform Act and ongoing local fair-chance ordinances. Verify current rules with the Maryland Judiciary, CJIS, or a qualified Maryland attorney before acting on any specific situation.