Maine Background Check Laws for Employers (2026)
Maine regulates hiring more closely than most New England states. Every employer is covered by ban the box, salary-history questions wait until an offer, and drug testing needs a Department of Labor-approved policy.
Two new rules took effect on July 29, 2026: pay ranges in job postings and a revised Substance Use Testing law. This guide covers each Maine statute, the agency behind it, and the federal FCRA steps that apply on top.
Maine Background Check Laws at a Glance
Maine has its own Fair Credit Reporting Act in 10 M.R.S. ch. 209-B, which largely mirrors the federal statute. On top of it, a set of Title 26 employment rules shapes each stage of hiring.
The table below maps each Maine background check law to what it requires and the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; Maine FCRA, 10 M.R.S. ch. 209-B | Requires a stand-alone disclosure, written authorization, and pre-adverse and adverse action notices. | CFPB; FTC; Maine Bureau of Consumer Credit Protection |
| State criminal records | Criminal History Record Information Act, 16 M.R.S. ch. 7 | Makes conviction data public; non-conviction data becomes confidential after set periods under § 703. | Maine State Police, State Bureau of Identification |
| Fair chance / ban the box | 26 M.R.S. § 600-A (Oct. 18, 2021) | Bars criminal-history questions on the initial application for every employer; questions may follow at the interview. | Maine Department of Labor, Bureau of Labor Standards (fines $100 to $500, § 626-A) |
| Sealed and expunged records | 15 M.R.S. ch. 310-A; 16 M.R.S. § 703 | Seals eligible Class E convictions four years after the sentence is satisfied; bars use of sealed, expunged, and pardoned records. | Maine courts; State Bureau of Identification |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | CFPB and FTC |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse action steps for employment credit checks. | CFPB and FTC |
| Salary history and pay ranges | 26 M.R.S. § 628-A; 5 M.R.S. § 4577; 26 M.R.S. § 622-A (P.L. 2025, ch. 771, July 29, 2026) | Bars pay-history questions until an offer; requires pay ranges in postings at 10 or more employees. | Maine Department of Labor; Maine Human Rights Commission |
| Drug and marijuana testing | 26 M.R.S. §§ 681–690 (P.L. 2025, ch. 666, July 29, 2026); 28-B M.R.S. § 112; 22 M.R.S. § 2430-C(3) | Allows testing only under a DOL-approved policy, after an offer; protects medical-cannabis patient status. | Maine Department of Labor; Office of Cannabis Policy |
| Application questions | 5 M.R.S. § 4572(1)(D) (Maine Human Rights Act) | Bars pre-employment questions about race, sex, gender identity, disability, religion, age, national origin, and workers’ comp claims. | Maine Human Rights Commission; EEOC |
| E-Verify | No state mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary except for federal contractors with the FAR clause. | USCIS |
| Social media | 26 M.R.S. §§ 615–619 | Bars employers from demanding passwords or access to personal social-media accounts. | Maine Department of Labor (fines $100, $250, and $500) |
| Driving records | Driver’s Privacy Protection Act, 18 U.S.C. § 2721 | Limits motor vehicle record release to permitted purposes, including employment with consent. | Maine Bureau of Motor Vehicles |
| Occupational licensing | 5 M.R.S. § 5301 et seq. | Lets boards weigh a conviction only if it directly relates to the license, generally within three years. | State licensing boards |
| Health care and direct care | 22 M.R.S. § 9051 et seq. | Requires Maine Background Check Center screening for direct-access workers. | Department of Health and Human Services |
| Child care and schools | 22 M.R.S. § 8302-A; 20-A M.R.S. § 6103 | Requires fingerprint-based State Police and FBI checks for child care and school staff. | DHHS Child Care Licensing; Department of Education |
How the FCRA Applies to Maine Employers
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a Maine employer. The state rules on this page sit on top of it, never in place of it.
Maine’s own Fair Credit Reporting Act, 10 M.R.S. ch. 209-B, tracks the federal statute for agencies operating in the state. Follow the federal sequence and you satisfy both.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. 15 U.S.C. § 1681b(b)(2) keeps that form free of liability waivers and extra language.
Written Authorization
Get written authorization before you order. Then match the search to the position and apply the same package to every candidate for that position.
Pre-Adverse Action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights. Then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse Action Notice
If you proceed, send the final notice under 15 U.S.C. § 1681m(a). Name the screening company, state that it did not make the decision, and explain the right to a free file copy within 60 days.
Maine Criminal History Records and the State Bureau of Identification
Maine centralizes criminal history at the State Bureau of Identification, part of the Maine State Police. The Criminal History Record Information Act, 16 M.R.S. ch. 7, decides what the SBI may release.
Public Conviction Data
Convictions are public criminal history record information and appear on an SBI name-based check. Pending charges also stay public for one year after arrest.
This is the record the Maine statewide search returns. BCS Background Screening LLC runs the Maine statewide criminal search for $20 per name plus the $31 state fee.
Confidential Non-Conviction Data
Under 16 M.R.S. § 703, acquittals, dismissals with prejudice, and declined prosecutions are confidential. So are arrests or charges with no disposition after one year and no active prosecution.
The SBI may not disseminate confidential data to employers. Court records at the individual courthouse may still show some of it, subject to the FCRA seven-year limit.
County Court Searches
A county court search confirms a database hit before it reaches a report. BCS researches the county courthouse directly through its county criminal court search for $18 plus any court fees.
How Far Back a Maine Background Check Can Go
Maine has no reporting-limit statute of its own. Therefore, the federal FCRA lookback rule in 15 U.S.C. § 1681c sets the outer limits for Maine employers.
Separately, the Criminal History Record Information Act removes confidential non-conviction data from SBI reports entirely.
Non-Convictions (Federal)
Court-level arrests and dismissals may not be reported more than seven years after they occurred under § 1681c(a).
Convictions (Federal)
The FCRA places no age limit on reported convictions under § 1681c(a)(5). Most employers still adopt a seven- or ten-year policy window.
Salary Exemption (Federal)
The seven-year limit on non-convictions does not apply to positions expected to pay $75,000 or more.
SBI Non-Conviction Data
Under 16 M.R.S. § 703, charges with no disposition after one year and no active prosecution become confidential and leave SBI reports.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Which Maine Records Employers May Not Use
Sealed, Expunged, and Set-Aside Records
Maine has no automatic clean-slate sealing. Instead, 15 M.R.S. ch. 310-A allows limited sealing by petition for certain Class E crimes.
A person may seal a Class E conviction once four years have passed since the sentence was fully satisfied with no new charges. Sexual assaults under 17-A M.R.S. ch. 11 are excluded, and a 2024 amendment removed the earlier age limit.
Certain pre-2017 marijuana and drug offenses also qualify. Sealed, expunged, and pardoned records may not be reported or used, and the person may deny them.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Class E conviction (sealed by petition) | 15 M.R.S. ch. 310-A | 4 years after the sentence is fully satisfied | No new charges; sexual assaults under 17-A M.R.S. ch. 11 excluded; no age limit since 2024 |
| Charge with no disposition | 16 M.R.S. § 703 | 1 year with no active prosecution | Becomes confidential non-conviction data; not released to employers |
| Acquittal, dismissal with prejudice, declined prosecution | 16 M.R.S. § 703 | Immediate | Confidential non-conviction data; not released to employers |
| Pending charge | 16 M.R.S. ch. 7 | Public for 1 year after arrest | Not a conviction; read the outcome before acting |
Arrests and Non-Convictions
Maine places no state restriction on arrest records beyond the federal seven-year reporting limit on non-convictions. However, the SBI withholds confidential non-conviction data under § 703.
An arrest alone does not prove conduct. Confirm the final disposition before you act, and consider the underlying conduct only when it is job-related.
Deferred Dispositions
A deferred disposition under 17-A M.R.S. § 1902 that ends in dismissal is not a conviction. It appears only while the case is open, so read the outcome before acting.
Never use sealed, expunged, pardoned, or juvenile records, and never penalize a candidate for leaving a sealed record off an application. Acting on one invites an accuracy dispute under the FCRA.
Juvenile Records
Juvenile court records are confidential under 15 M.R.S. § 3308-C. They are not available for private employment screening.
Marijuana Convictions
Certain pre-2017 marijuana offenses may be sealed under 15 M.R.S. ch. 310-A. Once sealed, they may not be reported or used.
Licensed Occupations
Under 5 M.R.S. § 5301 et seq., licensing boards may consider a conviction only if it directly relates to the license. For most offenses, that review generally ends after three years.
Employers of licensed staff should mirror that analysis.
Maine Ban the Box Law: Every Employer Is Covered
26 M.R.S. § 600-A, effective October 18, 2021, bars every Maine employer from requesting criminal history on the initial employee application form. There is no employee-count threshold.
The statute also bars stating on the form, in an ad, or otherwise that people with criminal histories need not apply. That bar applies before the employer determines the applicant is otherwise qualified.
What Is Allowed
Employers may ask about criminal history during an interview or once the applicant is otherwise qualified. When the question is asked, the applicant must be given a chance to explain the record and the circumstances.
Maine requires no formal individualized assessment, written notice, or waiting period. Still, document a job-related reason for every criminal-history decision.
Exceptions
An employer may ask on the application only when a federal or state law or rule creates a mandatory or presumptive disqualification for the position based on certain offenses. The questions must be limited to those offenses.
The same exception applies when a law bars the employer from employing people convicted of certain offenses in that position. Cite the law in the posting.
Enforcement
The Maine Department of Labor enforces § 600-A under 26 M.R.S. § 626-A with a fine of $100 to $500 per violation. A decision made in violation can also support a Maine Human Rights Act charge.
Local Ordinances
No local fair-chance ordinance is on record for Maine. The statewide rule in § 600-A is the only ban-the-box law Maine employers must follow.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Federal Contractors
Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays criminal-history questions until after a conditional offer for work under covered federal contracts.
What a Maine Job Application May Ask
Maine lists forbidden pre-employment inquiries in its Human Rights Act. 5 M.R.S. § 4572(1)(D) applies to every Maine employer, with no employee-count threshold.
Before employment, an employer may not elicit, record, or use an application form with questions about race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin, or familial status. Questions about prior workers’ compensation claims are barred as well.
The statute allows two exceptions: a bona fide occupational qualification, and a privileged record of a required pre-employment physical or mental examination kept in compliance with the Act. The Maine Human Rights Commission enforces the section.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants, and Maine lists age in § 4572(1)(D).
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
Maine has no statute restricting employer credit checks. The FCRA disclosure, authorization, and adverse action steps apply in full.
Limit credit screens to positions with financial responsibility. That practice lowers disparate-impact risk under Title VII and the Maine Human Rights Act.
Salary History and Pay Transparency
26 M.R.S. § 628-A, in force since 2019, bars employers from using or inquiring about compensation history from the applicant or a prior employer. The bar lasts until an offer that includes all terms of compensation has been made.
Under 5 M.R.S. § 4577(3), an employer may confirm compensation history an applicant volunteers without prompting. Under § 4577, an inquiry is evidence of unlawful discrimination before the Maine Human Rights Commission.
From July 29, 2026, 26 M.R.S. § 622-A (P.L. 2025, ch. 771, LD 54) requires employers with 10 or more employees to include the prospective pay range in every job posting. They must also label commission-only positions and disclose an employee’s current range on request.
The same law requires pay-history records for three years after separation. The Maine Department of Labor enforces § 628-A with fines of $100 to $500 per violation under § 626-A; § 622-A sets no penalty of its own but funds a dedicated inspector.
Drug and Marijuana Testing
Maine employers may test only under a written policy approved by the Department of Labor under 26 M.R.S. §§ 681–690. Applicant testing may occur only after an offer of employment, which may be conditioned on a negative result.
Employers with more than 20 full-time employees must have a functioning employee assistance program before they test employees. Samples go to a certified laboratory with confirmatory testing and medical review.
P.L. 2025, ch. 666 (LD 2110) amended the law effective July 29, 2026. Reasonable-suspicion testing now rests on observable behaviors, documented in writing before the test.
Random testing runs only under a collective bargaining agreement, for positions where impairment would threaten the public or coworkers, or through an approved employer-wide program for employers with 50 or more non-union employees. Employees may have a blood sample taken instead.
Applicants and employees may contest a non-negative result with the medical review officer, and the rehabilitation opportunity is 12 weeks at the employee’s expense. A result with a legitimate medical explanation, including lawful medical-cannabis use, is reported as a confirmed positive with a legitimate medical explanation.
For adult-use marijuana, LD 1719 (2018) removed the off-duty protection in the 2016 legalization act. 28-B M.R.S. § 112 now lets employers enforce workplace policies restricting marijuana use and include marijuana in an approved panel.
Medical patients are different. 22 M.R.S. § 2430-C(3) bars refusing to employ or penalizing a person solely for status as a qualifying patient or caregiver, unless federal law or a federal contract or funding requires it.
CDL drivers follow 49 C.F.R. Part 40 and the FMCSA Clearinghouse. The federal panel controls, and state law yields where federal law requires testing.
Motor Vehicle Records
Maine Bureau of Motor Vehicles driving records are available for any position that drives on company business. The federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, permits release for employment purposes with the driver’s consent.
Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and prior-employer inquiries. BCS Background Screening LLC pulls Maine records through its motor vehicle records search.
E-Verify and Form I-9
Maine has no E-Verify mandate for private or public employers. Enrollment is voluntary at e-verify.gov, except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
26 M.R.S. §§ 615–619 bar employers from requiring a password or access to a personal social-media account. Employers also may not require a log-in in their presence, compel added contacts or changed privacy settings, or penalize a refusal.
Publicly available content may still be viewed. The Maine Department of Labor enforces the law with fines of at least $100, $250, and $500 for successive violations under § 619.
Automated and AI Hiring Tools
No Maine statute regulates automated or AI hiring tools. Title VII and Maine Human Rights Act disparate-impact rules apply to any screen, so test tools for adverse impact and keep a human decision-maker.
Reference Checks
Maine has no reference-immunity statute. Confirm dates, title, and eligibility for rehire, and document the answer.
Maine Industry-Specific Screening Requirements
Several Maine statutes require fingerprint or registry checks for specific positions. These rules sit alongside § 600-A, which lets you ask about disqualifying offenses on the application where a law requires it.
Health Care and Direct Care
Hospitals, nursing facilities, home health agencies, and other providers must screen direct-access workers through the Maine Background Check Center under 22 M.R.S. § 9051 et seq. DHHS administers the program, and listed offenses disqualify.
Roles paid with federal health care funds also need an HHS-OIG exclusion check before hire and monthly thereafter. The FACIS® report covers that screen.
Child Care
Child care providers, staff, and household members must clear fingerprint-based State Police and FBI checks under 22 M.R.S. § 8302-A. A child-protective records check is also required, administered by DHHS Child Care Licensing.
Public Schools
Educators, support staff, and contractors submit fingerprints for State Police and FBI checks under 20-A M.R.S. § 6103. The Maine Department of Education administers the requirement.
Private Security
Security guards and professional investigators are licensed by the Maine State Police under 32 M.R.S. ch. 93 and ch. 89. Each license includes a criminal history check.
Commercial Drivers
CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel, and motor vehicle record reviews. Motor carriers must pull an MVR from every state of licensure in the past three years.
Finance and Insurance
Banks follow Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829, and broker-dealers follow FINRA Rule 3110. Insurance producers are checked by the Maine Bureau of Insurance under 24-A M.R.S. ch. 16.
What Changed for Maine Employers in 2026
Two Maine laws took effect on July 29, 2026, and three federal changes affect how Maine employers screen this year. Each item below says what changed, who it covers, and what to do.
Pay ranges must appear in every Maine job posting
LD 54, enacted as P.L. 2025, ch. 771 and codified at 26 M.R.S. § 622-A, took effect July 29, 2026. Employers with 10 or more employees must include the prospective pay range in every job posting and state when a position is paid solely on commission.
The law also requires disclosure of an employee’s current pay range on request and pay-history records for three years after separation. The Maine Department of Labor enforces it through a dedicated inspector; the statute sets no penalty of its own.
What to do: Add the pay range to every posting, label commission-only roles, and set offers from the posted range. Keep the salary-history question out of every form, since 26 M.R.S. § 628-A still bars it until an offer.
Source: 26 M.R.S. § 622-A (P.L. 2025, ch. 771); 26 M.R.S. § 628-A. Read the law
LD 2110 rewrites Maine’s Substance Use Testing law
P.L. 2025, ch. 666 (LD 2110) amended 26 M.R.S. §§ 681–690 effective July 29, 2026. Reasonable-suspicion testing now rests on observable behaviors documented in writing, and random testing runs only under a collective bargaining agreement, for safety-threat positions, or through an approved employer-wide program for 50 or more non-union employees.
Employees may have a blood sample taken instead, applicants and employees may contest non-negative results with the medical review officer, and rehabilitation runs 12 weeks at the employee’s expense. A result with a legitimate medical explanation, including lawful medical-cannabis use, is reported as a confirmed positive with a legitimate medical explanation.
What to do: Update your Department of Labor-approved written policy to the new standards. Keep applicant testing after the offer only, and do not act on medical-cannabis patient status under 22 M.R.S. § 2430-C(3).
Source: 26 M.R.S. §§ 681–690, as amended by P.L. 2025, ch. 666. Read the law
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. For every other role, apply the Maine medical-cannabis protection in 22 M.R.S. § 2430-C(3) and the LD 2110 reporting rule.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Maine Employment Screening Services
BCS Background Screening LLC runs FCRA-compliant searches for Maine employers of every size, with no setup fee and per-search pricing. Every record is reviewed for identity and disposition before it reaches your report.
Maine Statewide Criminal Search
Maine State Bureau of Identification record search. Price: $20 per name plus the $31 state fee.
County Criminal Court Search
Direct research at the Maine county courthouse, seven-year standard scope. Price: $18 plus any court fees.
SSN Trace
Included at no extra cost in every package: 10-plus years of address history to point criminal searches at the right counties.
Nationwide Criminal Database
A $17 locator search of thousands of court, corrections, and registry sources with three name variations. Every hit is verified at the source before it is reported.
Federal Criminal Search
Covers the U.S. District Court for the District of Maine for federal offenses.
Motor Vehicle Records
Maine Bureau of Motor Vehicles driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
FACIS® Report
HHS-OIG, SAM.gov, and state exclusion-list screening for health care and direct-care hires.
Verifications and Add-ons
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Maine Employer Compliance Checklist
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Remove criminal-history questions from every initial application form and job ad under § 600-A.
- Ask about criminal history at the interview, give the applicant a chance to explain, and record the answer.
- Strip race, sex, gender identity, disability, religion, age, national origin, and workers’ comp questions from the application under 5 M.R.S. § 4572(1)(D).
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Delete salary-history fields, and post the pay range in every listing if you have 10 or more employees.
- Test applicants only after a conditional offer under a Department of Labor-approved written policy updated for LD 2110.
- Do not act on medical-cannabis patient status, and never use sealed, expunged, pardoned, or juvenile records.
- Do not ask for social-media usernames or passwords.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse action notice.
Maine Employment Screening Law FAQs
Does Maine have a ban-the-box law?
Yes, for every employer. 26 M.R.S. § 600-A, effective October 18, 2021, bars requesting criminal history on the initial application form and bars ads stating that people with records need not apply.
Employers may ask at the interview or once the applicant is otherwise qualified, and must give the applicant a chance to explain. The only exceptions are positions where a law creates a mandatory or presumptive disqualification or bars hiring people with certain convictions. The Maine Department of Labor enforces it under § 626-A with fines of $100 to $500 per violation.
What may a Maine employer ask on a job application?
Under 5 M.R.S. § 4572(1)(D), a Maine application may not ask about race or color, sex, sexual orientation or gender identity, disability, religion, age, ancestry, national origin, familial status, or prior workers’ compensation claims. A bona fide occupational qualification is the main exception, and the Maine Human Rights Commission enforces the rule.
Criminal history waits until the interview under § 600-A, and salary history waits until an offer under § 628-A. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Can Maine employers ask about salary history?
Not until after an offer of employment that includes all terms of compensation. 26 M.R.S. § 628-A bars using or inquiring about compensation history from the applicant or a current or former employer before that point; under 5 M.R.S. § 4577(3) the employer may confirm history an applicant volunteers without prompting.
From July 29, 2026, 26 M.R.S. § 622-A (P.L. 2025, ch. 771) also requires employers with 10 or more employees to include the prospective pay range in every job posting. The Maine Department of Labor enforces both rules, with fines of $100 to $500 for § 628-A violations, and an inquiry is evidence of unlawful discrimination before the Maine Human Rights Commission.
Can Maine employers drug test applicants?
Yes, but only after an offer of employment and only under a written policy approved by the Maine Department of Labor under 26 M.R.S. §§ 681–690. Employers with more than 20 full-time employees must have a functioning employee assistance program before testing employees.
As revised by P.L. 2025, ch. 666 (LD 2110), effective July 29, 2026, reasonable-suspicion testing must be documented in writing, random testing runs only through three statutory pathways, applicants may contest non-negative results with the medical review officer, and a confirmed positive with a legitimate medical explanation, including lawful medical-cannabis use, is reported with that explanation. DOT-regulated positions follow 49 C.F.R. Part 40.
Can a Maine employer refuse to hire someone who uses marijuana?
For adult use, yes. LD 1719 (2018) removed the employment protection in the 2016 legalization act, and 28-B M.R.S. § 112 lets employers enforce workplace policies restricting marijuana use and include it in an approved test panel.
Medical patients are different. 22 M.R.S. § 2430-C(3) bars refusing to employ or penalizing a person solely for status as a qualifying patient or caregiver unless federal law or funding requires it, and from July 29, 2026 a positive explained by lawful medical use is reported with that explanation. The Office of Cannabis Policy and the Maine Human Rights Commission administer those protections.
How many years back can a Maine background check go?
Maine has no lookback statute, so the federal Fair Credit Reporting Act governs. Consumer reporting agencies may not report arrests and other non-convictions older than seven years for positions paying under $75,000; convictions carry no federal age limit.
Separately, under the Criminal History Record Information Act, 16 M.R.S. ch. 7, non-conviction data becomes confidential and is omitted from State Bureau of Identification reports. The CFPB, FTC, and Maine Bureau of Consumer Credit Protection enforce the reporting rules.
Which Maine records can employers not use?
Sealed Class E convictions under 15 M.R.S. ch. 310-A (four years after the sentence is satisfied, with no age limit since 2024), expunged and pardoned records, juvenile records under 15 M.R.S. § 3308-C, and confidential non-conviction data under 16 M.R.S. § 703. That last group includes arrests and charges without disposition once a year has passed with no active prosecution.
Maine has no automatic sealing; a person must petition the court. The State Bureau of Identification, part of the Maine State Police, maintains the repository and applies the confidentiality rules.
Are employment credit checks restricted in Maine?
No Maine statute restricts them. The federal FCRA and Maine’s own Fair Credit Reporting Act, 10 M.R.S. ch. 209-B, apply: stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report, and a final adverse action notice.
The CFPB, FTC, and Maine Bureau of Consumer Credit Protection enforce those rules. Limit credit screens to positions with financial responsibility.
Can Maine employers ask for social media passwords?
No. 26 M.R.S. §§ 615–619 bar employers from requiring a password or access to a personal social-media account, requiring a log-in in the employer’s presence, or penalizing an applicant or employee who refuses. Review of publicly available content is still allowed.
The Maine Department of Labor enforces the law with fines of at least $100, $250, and $500 for successive violations under § 619.
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This page provides general information about Maine background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.