Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Maine: Key Requirements
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Ban the Box / Fair Chance Hiring
Employers, regardless of size, may not request criminal history record information on an initial employment application, and may not state on an application or in an advertisement that a person with a criminal history may not apply or will not be considered for a position. Criminal history may be discussed during an interview or after the employer has otherwise determined the applicant is qualified for the position.
Criminal Record Lookback Period
Maine has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Maine has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Maine does not have a true expungement process for adult convictions, but allows sealing for a current or former Class E crime (Maine's lowest level misdemeanor, other than certain sexual offenses) and for certain marijuana related convictions from before legalization on January 30, 2017. The person must have committed the offense between ages 18 and 27, have completed the sentence at least 4 years earlier, and have no subsequent convictions or pending charges. A sealed record is treated as confidential, though it remains visible to employers legally required to conduct background checks, including certain licensing agencies and financial institutions.
Salary History Ban
Employers may not inquire, directly or indirectly, about a prospective employee's compensation history until after an offer of employment that includes all compensation terms has been made. An applicant who voluntarily discloses compensation history may be asked to verify that information after an offer has been made.
Credit Report Restrictions
Maine does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Maine has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Maine has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Maine has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Employers may not take adverse employment action against an applicant or employee based on lawful marijuana use that occurs off the employer's premises. The Maine Department of Labor has taken the position that this effectively prohibits pre-employment drug testing for marijuana. Employers may still prohibit marijuana use or impairment on the job and may conduct reasonable suspicion testing. Counties and cities are prohibited from enacting their own ordinances regulating employer drug testing.
Pre-Adverse Action Notice & Waiting Period
Maine has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Maine has no state law adding to the federal adverse action notice process. Source Text: No Maine Statute
Authorization Requirements
Maine has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
If an employer inquires about an applicant's criminal history after the initial application, the applicant must be given an opportunity to explain the circumstances of any conviction before the employer makes a final hiring decision. Maine's statute does not codify a specific multi-factor test beyond this right to explain.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Maine has no local ordinances regulating criminal history inquiries by private employers.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Maine gives employers wide latitude, but a few requirements still apply. To stay compliant:
Do not ask about or seek an applicant's compensation history until after an offer with all compensation terms has been made Do not include criminal history questions on the initial job application, and do not state that a person with a criminal history may not apply Wait until an interview or until the applicant is otherwise determined qualified before asking about criminal history Give the applicant an opportunity to explain the circumstances of any conviction before making a final hiring decision Confirm any criminal record returned has not been sealed before considering it Do not take adverse action based on off premises marijuana use, and do not conduct pre-employment drug testing for marijuana Provide FCRA pre-adverse and final adverse action notices before rejecting an applicant based on a background reportNon-compliance can result in civil penalties, damages, and legal liability under both state and local law.
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