Maryland Background Check Laws for Employers (2026)
Maryland layers state statutes, county ordinances, and the federal FCRA on top of each other. Consequently, one compliant hiring process must satisfy all three.
This guide names every governing statute, explains it plainly, and identifies the agency that enforces it. It also covers what a Maryland job application may ask.
Maryland Background Check Laws at a Glance
Maryland spreads its hiring rules across five separate code articles. Therefore, employers often miss a duty that sits outside the labor code.
The table below maps each statute to its practical effect and its administering agency.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; Md. Code, Com. Law §§ 14-1201 to 14-1220 (Maryland Consumer Credit Reporting Agencies Act) | Requires disclosure, authorization, and adverse action notices; Maryland’s mini-FCRA adds permissible-purpose and investigative-report duties. | FTC and CFPB; Consumer Protection Division, Office of the Maryland Attorney General |
| State criminal records | CJIS Central Repository; Maryland Judiciary Case Search | Fingerprint-based repository checks for private parties; free but incomplete public court index. | Department of Public Safety and Correctional Services; Maryland Judiciary |
| Fair chance / ban the box | Md. Code, Lab. & Empl. § 3-1501 et seq. (Criminal Record Screening Practices Act) | Blocks criminal history questions before the first in-person interview at employers with 15 or more full-time employees. | Maryland Department of Labor, Employment Standards Service |
| Local fair chance ordinances | Baltimore City Code art. 11, subtitle 15; Montgomery County Code § 27-72 et seq.; Prince George’s County Code §§ 2-231.01 to 2-231.08 | Push the inquiry to the conditional offer (Baltimore City, Montgomery County) or after the first interview (Prince George’s County). | Local civil rights and human relations offices |
| Sealed and expunged records | Md. Code, Crim. Proc. §§ 10-105.1, 10-109, 10-301 et seq. | Bars requiring disclosure of expunged or shielded records; automatic expungement of non-convictions after three years. | Maryland Judiciary; State’s Attorneys prosecute violations |
| Lookback limits | Md. Code, Com. Law § 14-1203 | Caps reported arrests, indictments, and convictions at seven years unless the job pays $75,000 or more. | Consumer Protection Division, Office of the Maryland Attorney General |
| Credit reports | Md. Code, Lab. & Empl. § 3-711 (Job Applicant Fairness Act) | Bars most employers from using credit history to deny, discharge, or set pay. | Commissioner of Labor and Industry |
| Salary history | Md. Code, Lab. & Empl. § 3-304.2 | Bans salary-history screening and requires a posted wage range. | Maryland Department of Labor, Employment Standards Service |
| Drug and marijuana testing | Md. Code, Health-Gen. § 17-214 | Requires a written packet to the applicant within 30 days of a positive test; cannabis testing stays lawful. | Maryland Department of Health, Laboratories Administration |
| Application questions | Title VII, ADEA, ADA, INA (federal); Md. Code, State Gov’t § 20-601 et seq. | Bars pre-offer questions about protected characteristics, disability, and citizenship status. | EEOC; Maryland Commission on Civil Rights |
| 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 | Md. Code, Lab. & Empl. § 3-712 | Stops employers from demanding personal social media credentials. | Maryland Department of Labor |
| Facial recognition in interviews | Md. Code, Lab. & Empl. § 3-717 | Bars facial templates during interviews without a signed waiver. | Maryland Department of Labor |
| Driving records | Driver’s Privacy Protection Act, 18 U.S.C. § 2721; Md. Transportation Article | Allows MVR release for employment with the driver’s written consent. | MDOT Motor Vehicle Administration |
How the FCRA Applies to Maryland Employers
Federal law governs the mechanics of ordering and acting on a report. Meanwhile, Maryland law governs timing and content. Run both sets together and your file survives audit.
Every Maryland employer that orders a report from a background screening company must follow the Fair Credit Reporting Act. The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
Clear Disclosure
Give a clear document that says only one thing. It must state that you may obtain a consumer report for employment purposes. Do not bundle it with the application or a liability release.
Written Authorization
Collect a signature before you order anything. Our secure portal captures a compliant e-signature and time-stamps it for your file.
Pre-Adverse Action
Before you decide against the applicant, send a copy of the report. Include the CFPB Summary of Your Rights Under the FCRA. Then allow a reasonable window to dispute, commonly five business days.
Adverse Action Notice
State that the reporting agency did not make the decision. Confirm that the agency cannot explain the reasons. Provide our name, address, and toll-free number, plus dispute and free-file-copy rights.
Maryland’s Mini-FCRA Adds Duties the Federal Law Does Not
Commercial Law Title 14, Subtitle 12 governs consumer reporting inside Maryland. Most employers know the federal FCRA well. By contrast, two Maryland-specific provisions routinely go unnoticed.
Under § 14-1202, a reporting agency may furnish an employment report only for a permissible purpose. Your signed certification to BCS Background Screening LLC documents that purpose for hiring, promotion, reassignment, or retention.
Under § 14-1204, an investigative consumer report gathers information through personal interviews about character, general reputation, personal characteristics, and mode of living. Maryland places a written-notice duty on the employer, not the agency.
You must mail or deliver clear written notice within three days of first requesting the report. It must also explain the applicant’s right to request more detail.
Should the applicant ask, a fuller written disclosure follows within five days of the request or the report request, whichever falls later. Reasonable compliance procedures provide a defense under § 14-1204(c), as the full text on FindLaw’s Maryland Code shows.
Where Maryland Criminal Records Actually Live
Maryland maintains a central repository, yet private employers cannot simply query it by name. Understanding that constraint explains why court-based searches carry the load.
The CJIS Central Repository
The Department of Public Safety and Correctional Services operates the Criminal Justice Information System Central Repository. Private employers must file a Private Party Petition packet.
Fingerprints are mandatory, and in-state prints must be captured electronically on approved live-scan units. The CJIS service fee runs $20.00.
The FBI national fee runs $12.00, rising to $15.00 on October 1, 2026. Responses typically return within 10 to 15 days, per the DPSCS background check page.
Judiciary Case Search and Its Limits
Maryland Judiciary Case Search offers free public access to case data. Unfortunately, it omits expunged and shielded matters.
Since January 31, 2026, it also omits older stet dispositions and pardoned cannabis charges. The Judiciary warns that its display is not an official court record.
Why Employers Choose a Real-Time Court Search
A fingerprint check takes up to 15 days and needs the applicant’s physical cooperation. A free portal lookup returns unverified data.
By contrast, a researcher-verified court search returns fast, defensible results tied to the applicant’s identifiers. Order a Maryland real-time statewide criminal search and pair it with an SSN trace to confirm jurisdiction.
For a single jurisdiction, a county criminal court search pulls District and Circuit Court records at the source. It costs $18 plus any court fees.
How Far Back Maryland Background Checks Reach
Maryland runs its own obsolete-information rule in Commercial Law § 14-1203. Meanwhile, the federal FCRA runs a parallel rule at 15 U.S.C. § 1681c.
Consumer reporting agencies must honor whichever limit protects the consumer more. The federal FCRA lifted its conviction limit in 1998, but Maryland kept convictions inside the seven-year window in § 14-1203(a)(5).
Arrests, Indictments, and Convictions
The clock runs from the date of disposition, release, or parole. Maryland applies this limit to convictions as well as non-convictions.
Bankruptcies
Measured from the date of adjudication of the most recent bankruptcy.
Judgments, Paid Tax Liens, Collections
Civil judgments run seven years or the governing statute of limitations, whichever is longer.
Salary Exemption
When the role’s annual salary reasonably equals $75,000 or more, the seven-year limits drop away entirely under § 14-1203(b).
Below the $75,000 threshold, the state rule therefore binds more tightly than the federal one. You can read the current text at Justia’s Maryland Code library.
Separately, no Maryland statute caps how far back you may look once a record is lawfully reported. The limit governs the reporting agency, not your hiring judgment.
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.
Expunged and Shielded Records Carry Criminal Penalties in Maryland
Maryland treats expungement violations seriously. Criminal Procedure § 10-109 does not merely create civil exposure. Rather, it creates a misdemeanor.
Sealed, Expunged, and Set-Aside Records
An employer may not require disclosure of an expunged charge. That ban covers the application form and the interview alike.
When asked about charges that did not end in conviction, or about convictions pardoned by the Governor, an applicant need not refer to an expunged charge under § 10-109(a)(2). However, the section does not let applicants withhold non-conviction or pardoned records that have not been expunged.
Refusal to disclose expunged information cannot be your sole reason to reject or discharge someone. Violations draw a fine up to $1,000, imprisonment up to one year, or both, and each violation counts separately.
The Maryland Second Chance Act
Criminal Procedure § 10-301 through § 10-306 lets petitioners shield eligible misdemeanor records. Once shielded, those records leave public view.
Moreover, § 10-306 bars you from requiring disclosure of shielded records on applications or in interviews. Nor may you refuse to hire someone for declining to disclose them, as the Maryland Judiciary’s shielding guide explains.
Automatic Expungement Under § 10-105.1
Some charges now clear without a petition. Under Criminal Procedure § 10-105.1, charges ending in acquittal, dismissal, not guilty, or nolle prosequi are expunged automatically.
That happens three years after a disposition entered on or after October 1, 2021. However, a nolle prosequi conditioned on drug or alcohol treatment does not qualify, and conviction expungement and shielding still require a petition.
| Record Type | Statute | How It Clears | Employer Rule |
|---|---|---|---|
| Acquittal, dismissal, not guilty, nolle prosequi | Crim. Proc. § 10-105.1 | Automatic, three years after a disposition on or after Oct. 1, 2021 | May not require disclosure once expunged (§ 10-109) |
| Eligible convictions | Crim. Proc. § 10-101 et seq. | By petition; waiting periods shortened by the Expungement Reform Act of 2025 | May not require disclosure once expunged (§ 10-109) |
| Eligible misdemeanors (shielding) | Crim. Proc. § 10-301 et seq. | By petition under the Second Chance Act | May not require disclosure once shielded (§ 10-306) |
The Expungement Reform Act of 2025 Changed the Landscape
Governor Moore signed Senate Bill 432 (Chapter 95) in 2025, and it took effect on October 1, 2025. The Act shortened waiting periods and expanded the eligible misdemeanors.
It adds driving without a license under Transportation § 16-101, protective-order violations, and disorderly intoxication. Significantly, it overrides the 2022 In re Abhishek decision, so a probation violation no longer disqualifies an otherwise eligible record automatically.
Since January 31, 2026, Maryland Judiciary Case Search no longer displays stet charges dismissed at least three years earlier or pardoned cannabis possession records. Even so, you may not act on a shielded or expunged record simply because another source surfaced it.
Arrests and Non-Convictions
No statewide rule bars considering an arrest, but the seven-year reporting limit in Commercial Law § 14-1203 applies to arrests. Montgomery County goes further and bars consideration of arrests without conviction.
Therefore, confirm the final disposition before you act on any Maryland arrest. Remember that automatic expungement now clears most non-convictions three years after disposition.
Maryland Ban-the-Box Law: Timing Your Criminal History Question
The Criminal Record Screening Practices Act, Labor and Employment § 3-1501 et seq., took effect on February 29, 2020. Lawmakers passed House Bill 994 over a gubernatorial veto.
The Maryland Department of Labor’s Employment Standards Service enforces it. Public employers follow the same floor and may ask only after the application stage.
Which Employers the Law Covers
Coverage begins at 15 or more full-time employees. Notably, only staff employed in Maryland count toward that threshold.
The Act also reaches beyond payroll hires. Specifically, it covers contractual, temporary, seasonal, and contingent work, staffing-agency placements, and paid or unpaid training programs.
What You May Not Ask, and When
Before the first in-person interview, you may not require an applicant to disclose a criminal record or ask about criminal accusations. During that interview, the question becomes lawful under §§ 3-1501 and 3-1503, subject to every other rule on this page.
Importantly, the Department treats a live video or phone interview as an in-person interview. Consequently, a recorded one-way video screen does not unlock the question.
The definition of a criminal record runs wider than convictions alone. It captures arrests, guilty pleas, nolo contendere pleas, stet dispositions, probation before judgment, and findings of not criminally responsible.
Exemptions and Penalties
The Act steps aside when another state or federal law requires or authorizes an early inquiry under § 3-1502(a). Employers that provide programs, services, or direct care to minors or vulnerable adults sit outside the restriction entirely.
The Commissioner issues a compliance order for a first violation. For repeat violations, the civil penalty reaches $300 per affected applicant, as Littler Mendelson flagged when the law took effect.
Maryland requires no individualized assessment, notice, or waiting period at the state level. Still, document a job-related reason for every criminal-history decision.
Local Ordinances Set a Higher Bar
The statewide law does not preempt local ordinances under § 3-1502(b). Where a county or city rule is tighter, that tighter rule governs.
| Jurisdiction | Employer Threshold | Earliest Permitted Inquiry | Notice Step |
|---|---|---|---|
| Maryland (statewide) | 15+ full-time employees in Maryland | At the first in-person interview | None |
| Baltimore City | 10+ full-time-equivalent employees | After a conditional offer of employment | None |
| Montgomery County | 1+ full-time employee | After a conditional offer of employment | Copy of report, item relied on, seven days to respond |
| Prince George’s County | 25+ full-time employees in the county | After the first interview concludes | Copy of record, written notice, seven days to dispute, written decision |
City of Baltimore
Baltimore City Code art. 11, subtitle 15 (Fair Criminal-Record Screening Practices, Ord. 14-221, effective August 13, 2014, amended by Ord. 22-125) covers employers with 10 or more full-time-equivalent employees. They may not ask about or run a criminal check until after a conditional offer.
Exempt positions are those where a law requires a check or bars people with certain convictions, and facilities serving minors or vulnerable adults. The ordinance text sits in the Baltimore City Code.
Montgomery County
Montgomery County Code § 27-72 et seq., as tightened by Bill 35-20 on February 19, 2021, covers employers with one or more full-time employees. They may not ask about or run a criminal check until after a conditional offer.
The county also restricts the content of the inquiry. Employers may not consider arrests without conviction, first convictions for trespass, disturbing the peace, or misdemeanor assault, or misdemeanor convictions more than three years after conviction and release.
Before withdrawing an offer, give the applicant a copy of the report and identify the item relied on. Then allow seven days to respond.
Prince George’s County
Prince George’s County Code §§ 2-231.01 to 2-231.08 (Access to Employment for Returning Citizens, CB-078-2014, effective January 2015) covers employers with 25 or more full-time employees in the county. You may not ask about or require disclosure of criminal history until the conclusion of a first interview.
Before rescinding a conditional offer because of criminal history, give the applicant a copy of the record and written notice of your intention to rescind and the items relied on. Then allow seven days to dispute accuracy, and send written notice of your decision.
Inquiries or actions expressly required or authorized by federal, state, or county law are exempt.
Practical rule: build your Maryland application form to the strictest jurisdiction where you hire. Moving the criminal question to the post-offer stage statewide satisfies all four standards at once.
Federal Contractors
Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for positions related to work under covered federal contracts.
What a Maryland Job Application May Ask
Maryland has no statute that lists forbidden pre-employment inquiries. Instead, federal law decides which questions a Maryland application may ask.
Maryland’s anti-discrimination law, State Government § 20-601 et seq., reaches employers with 15 or more employees, and the Maryland Commission on Civil Rights enforces it. So, the four limits below apply to nearly every Maryland employer.
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.
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
Labor and Employment § 3-711, the Job Applicant Fairness Act, has restricted employment credit checks since October 1, 2011. An employer may not use credit history to deny employment, discharge someone, or set compensation and terms.
Four categories sit outside the Act: employers required to check credit by law, federally insured depository institutions and their affiliates, credit union share guaranty corporations, and SEC-registered investment advisers.
A covered employer may request credit information after extending an offer, or for a bona fide, substantially job-related purpose disclosed in writing. Qualifying roles include managerial positions that set direction, fiduciary roles, and jobs with access to personal information, expense accounts, or trade secrets.
The Department of Labor’s Job Applicant Fairness Act FAQ walks through each category. The Commissioner assesses up to $500 for an initial violation and up to $2,500 for each repeat, with a hearing available within 30 days.
Salary History and Pay Transparency
Under Labor and Employment § 3-304.2, employers may not seek or rely on an applicant’s wage history. Nor may they seek that history from a former employer.
House Bill 649 (Chapter 271 of 2024) added a posting duty effective October 1, 2024. Since then, every public or internal posting must state the wage range, a general description of benefits, and any other compensation.
Keep records showing compliance for three years after the position is filled or posted. The enacted chapter text sits on the Department of Labor site.
Drug and Marijuana Testing
Health-General § 17-214 governs job-related substance testing. After a confirmed positive result, you must deliver a written packet in person or by certified mail within 30 days of the test.
The packet contains four items: a copy of the laboratory result, your written substance policy, written notice of any intended disciplinary action, and a statement of the right to independent verification testing. The retest laboratory must hold a Maryland permit or equivalent out-of-state certification.
Maryland legalized adult-use cannabis on July 1, 2023. However, the Cannabis Reform Act carries no workplace provisions, so employers may still prohibit cannabis use and test for it.
Pre-employment THC testing remains allowed for every position. Watch future General Assembly sessions, since workplace-protection bills keep returning.
Motor Vehicle Records
The MDOT Motor Vehicle Administration maintains Maryland driver records. Access runs through the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, which lists employment screening as a permissible use.
You still need documented consent from the driver, and you must retain that consent for audit. Our order process captures it alongside the FCRA authorization, so one signature covers both.
A motor vehicle record surfaces suspensions, revocations, accidents, and points. It also confirms license class and endorsements before you assign a CDL route, as the Maryland MVA driving record page describes.
BCS Background Screening LLC returns Maryland motor vehicle records in real time for $15 plus the state fee.
E-Verify and Form I-9
Maryland does not mandate E-Verify for private or public employers. E-Verify stays voluntary 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
Maryland passed the nation’s first social media password law in 2012. Under Labor and Employment § 3-712, an employer may not request or require a user name or password for a personal account.
Employers may still require credentials for non-personal accounts on company systems. Refusal to hand over personal credentials cannot justify discipline or refusal to hire.
Automated and AI Hiring Tools
Since October 1, 2020, Labor and Employment § 3-717 has limited facial recognition in job interviews. You may not use a facial recognition service to create a facial template during an interview unless the applicant signs a waiver.
That waiver must state the applicant’s name, the interview date, consent to the use, and that the applicant read the consent. No Maryland statute regulates other automated hiring tools, although Title VII, the ADA, and the ADEA still apply to any tool that creates a disparate impact.
Discrimination Exposure
Maryland’s anti-discrimination law, State Government § 20-601 et seq., reaches employers with 15 or more employees, and harassment coverage begins at one employee. Complainants have 300 days to file with the Maryland Commission on Civil Rights, and harassment claims carry a two-year window.
A blanket criminal-record exclusion invites a disparate-impact claim under State Government § 20-606. Therefore, document why each disqualifying offense relates to the job in question.
Industry-Specific Background Check Rules in Maryland
Several Maryland statutes exempt regulated roles from the fair-chance and credit limits above. Below are the rules employers ask about most.
Healthcare and Long-Term Care
Screen against the HHS-OIG List of Excluded Individuals/Entities and SAM.gov before hire and monthly for any role paid with federal healthcare program funds (42 U.S.C. § 1320a-7). Employers serving vulnerable adults also fall outside the state ban-the-box timing rule under § 3-1502(a). A FACIS® report covers these exclusion lists.
Child Care, Schools, and Vulnerable Adults
Employers that provide programs, services, or direct care to minors or vulnerable adults sit outside the Criminal Record Screening Practices Act entirely. Baltimore City, Montgomery County, and Prince George’s County exempt those positions too. Fingerprint-based CJIS checks commonly apply where another law requires them.
Banks and Financial Institutions
Federally insured depository institutions and their affiliates, credit union share guaranty corporations, and SEC-registered investment advisers are exempt from the Job Applicant Fairness Act. Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829, separately bars hiring anyone convicted of a crime of dishonesty without FDIC consent.
Commercial Drivers
Motor carriers must pull an MVR from every state of licensure in the past three years and investigate prior DOT-regulated employers under 49 C.F.R. § 391.23. They also run FMCSA Clearinghouse queries before hire and annually, and Part 40 marijuana testing applies regardless of Maryland’s cannabis law.
What Changed for Maryland Employers in 2026
Maryland passed no new screening statute in 2026. However, the 2025 expungement reform, a Case Search change, a fee increase, and three federal developments affect how Maryland employers screen this year.
Expungement Reform Act of 2025 expands eligible records
Senate Bill 432 (Chapter 95 of 2025) took effect on October 1, 2025. It shortened waiting periods for conviction expungement and expanded the eligible misdemeanors.
New eligible offenses include driving without a license, protective-order violations, and disorderly intoxication. A probation violation no longer automatically disqualifies an otherwise eligible record.
What to do: Expect more applicants with clean court records. Never require disclosure of an expunged charge, and never reject an applicant for omitting one, because Criminal Procedure § 10-109 makes that a misdemeanor.
Source: Md. Code, Crim. Proc. § 10-101 et seq., as amended by SB 432, Ch. 95 (2025). Read the law
Judiciary Case Search hides older stet and pardoned cannabis records
From January 31, 2026, Maryland Judiciary Case Search stopped displaying stet charges dismissed at least three years earlier and pardoned cannabis possession records. The Judiciary already warned that its display is not an official court record.
A free Case Search lookup now returns less than a court-record search once did.
What to do: Order a researcher-verified statewide or county court search instead of relying on the free portal. Do not act on a shielded or expunged record that another source surfaces.
Source: Maryland Judiciary Case Search notice, Jan. 31, 2026. Read the Judiciary guide
FBI fingerprint fee rises to $15
The FBI national fee on a CJIS fingerprint check rises from $12.00 to $15.00 on October 1, 2026. The CJIS state service fee stays at $20.00.
Fingerprint responses still take 10 to 15 days and require the applicant’s physical cooperation.
What to do: Budget the new fee where a law requires a fingerprint check. For other roles, a real-time court search avoids the queue entirely.
Source: DPSCS background check fee schedule. Read the notice
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. Maryland’s Cannabis Reform Act adds no workplace protection, so your written policy still governs every other role.
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
Maryland Employment Screening Services
BCS Background Screening LLC builds Maryland screening packages around the statutes above. Each search below ships with compliant disclosure, authorization, and adverse-action templates.
Maryland Real-Time Statewide Search
A live court-index search across Maryland jurisdictions. Researchers verify every hit before we report it.
Maryland County Court Search
District and Circuit Court records pulled at the source. Price: $18 plus court fees.
SSN Trace and Address History
Ten-plus years of reported addresses and aliases for $10. It tells you which Maryland counties to search and which states to add.
Nationwide Criminal Database
A multi-state locator for $17 that flags records beyond Maryland. We verify every hit at the source court.
Federal Criminal Search
U.S. District Court records for Maryland and nationwide. It catches fraud, trafficking, and interstate offenses county courts miss.
Motor Vehicle Records (MVR)
Driving histories for delivery, trucking, sales, and CDL positions. Price: $15 plus the state fee, returned in real time.
Nationwide Background Check
Our $25 entry package. It bundles the SSN trace, nationwide criminal database, sex offender registry, and watchlists.
FACIS® Healthcare Sanctions
OIG, SAM.gov, and state exclusion-list screening for Maryland healthcare and long-term-care hires.
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.
Maryland Employer Compliance Checklist
- Move every criminal-history question to the post-offer stage across Maryland.
- Count only Maryland-based full-time employees against the 15-employee threshold.
- Screen Baltimore City, Montgomery County, and Prince George’s County hires to the stricter local rule, including the seven-day notice steps.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Keep the FCRA disclosure on its own page, free of releases and application text.
- Send the § 14-1204 written notice within three days of ordering an investigative report.
- Apply the seven-year lookback unless the role pays $75,000 or more.
- Strip every reference to expunged, shielded, and stet records from your forms.
- Limit credit checks to exempt roles or a written, job-related justification.
- Deliver the Health-General § 17-214 packet within 30 days of a confirmed positive test.
- Publish a wage range in every posting, drop salary-history questions, and keep the records for three years.
Maryland Employment Screening Law FAQs
When can a Maryland employer ask about criminal history?
Maryland’s Criminal Record Screening Practices Act, Labor and Employment § 3-1501 et seq., sets the timing. Employers with 15 or more full-time Maryland employees may not require criminal-record disclosure before the first in-person interview, and the Act treats live phone and video interviews as in-person.
The Maryland Department of Labor’s Employment Standards Service administers and enforces it. Baltimore City and Montgomery County push the inquiry to the post-offer stage instead, and Prince George’s County waits until the first interview concludes.
How far back can a Maryland background check report criminal records?
Commercial Law § 14-1203 is Maryland’s obsolete-information statute within the Maryland Consumer Credit Reporting Agencies Act. It bars reporting arrests, indictments, or convictions more than seven years past disposition, release, or parole, and bankruptcies run ten years.
Under § 14-1203(b), those limits disappear when the role’s annual salary reasonably equals $75,000 or more. Unlike the federal FCRA, Maryland still applies the seven-year cap to convictions below that salary, and the Consumer Protection Division of the Office of the Maryland Attorney General enforces the subtitle.
Do local Maryland ordinances override the statewide ban-the-box law?
The statewide law sets a floor rather than a ceiling under § 3-1502(b), so stricter local rules still apply. Baltimore City covers employers with 10 or more employees and requires a conditional offer first, and Montgomery County’s Bill 35-20, effective February 19, 2021, covers employers with just one county employee and requires a conditional offer.
Prince George’s County covers employers with 25 or more full-time employees and bars the question until the first interview concludes. It also requires a copy of the record, written notice, and seven days to dispute before an offer is rescinded, so employers hiring across Maryland should apply the strictest standard statewide.
What may a Maryland employer ask on a job application?
Maryland has no pre-employment inquiry statute, so federal law controls. Title VII, the ADEA, the ADA, and the INA bar pre-offer questions about sex, religion, age, disability, and citizenship status, and State Government § 20-601 et seq. applies the same protections at 15 or more employees.
The EEOC and the Maryland Commission on Civil Rights enforce those rules. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application, and keep criminal-history questions out until the stage your jurisdiction allows.
Can Maryland employers run credit checks on applicants?
The Job Applicant Fairness Act, Labor and Employment § 3-711, generally prohibits it. Employers may not use credit history to deny employment, discharge an employee, or set compensation, unless they are required to check credit by law, are federally insured depository institutions or their affiliates, approved credit union share guaranty corporations, or SEC-registered investment advisers.
Covered employers may still request credit after extending an offer, or for a written, substantially job-related purpose such as a managerial or fiduciary role. The Commissioner of Labor and Industry assesses up to $500 initially and up to $2,500 for repeat violations.
May a Maryland employer ask about expunged or shielded records?
No. Criminal Procedure § 10-109 bars employers and educational institutions from requiring disclosure of an expunged charge on an application or in an interview. An applicant may lawfully omit expunged matters, that refusal cannot be the sole reason for rejection or discharge, and violations carry a fine up to $1,000, imprisonment up to one year, or both.
The Maryland Second Chance Act, Criminal Procedure § 10-301 et seq., separately shields eligible misdemeanors, and § 10-105.1 expunges most non-convictions automatically after three years. The Maryland Judiciary administers expungement and shielding, and the Expungement Reform Act of 2025 widened eligibility on October 1, 2025.
What must we send an applicant before an investigative consumer report?
Commercial Law § 14-1204 places the duty on the employer. Mail or deliver clear written notice within three days of first requesting the report, explaining that it may cover character, general reputation, personal characteristics, and mode of living, and stating the applicant’s right to request a fuller disclosure.
Should the applicant ask, deliver the fuller written description within five days of the request or the report request, whichever falls later. Reasonable compliance procedures supply a defense under subsection (c), and the Consumer Protection Division of the Attorney General’s Office enforces the subtitle.
What does Maryland require after a positive employment drug test?
Health-General § 17-214 governs job-related alcohol and controlled dangerous substance testing. Within 30 days of the test, deliver a written packet in person or by certified mail with the laboratory result, your written substance policy, notice of any intended disciplinary action, and the right to independent verification testing at the employee’s expense.
The verification laboratory must hold a Maryland permit or equivalent out-of-state certification, and the Maryland Department of Health’s Laboratories Administration licenses those laboratories. Maryland’s Cannabis Reform Act added no workplace protections, so employers may still test for cannabis.
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This page provides general information about Maryland background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.