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 →Maryland: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Employers with 15 or more full-time employees may not require an applicant to disclose whether the applicant has a criminal record or has had criminal accusations brought against them prior to the applicant's first in-person interview. Employers who provide programs, services, or direct care to minors or vulnerable adults are exempt, as are employers required or expressly authorized to make the inquiry by other applicable law.
Criminal Record Lookback Period
Maryland has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Maryland has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Maryland allows certain nonviolent misdemeanor convictions to be shielded from public view after a 3 to 7 year waiting period, depending on the offense, and allows a broader set of records to be fully expunged, including arrests and charges that did not result in a conviction. Each person is eligible for only 1 shielding petition in a lifetime. Employers may not require an applicant to disclose shielded information in an application or interview, and may not refuse to hire or discharge a person solely because the person refused to disclose shielded information, though certain employers required to inquire into criminal background for specific regulatory purposes retain access.
Salary History Ban
Employers may not seek an applicant's wage history from the applicant or a current or former employer, and may not rely on wage history in screening or considering an applicant or in setting initial pay, even if the applicant voluntarily discloses it, unless doing so would create an unlawful pay differential based on sex or gender identity. Employers must provide an applicant, upon request, the wage range for the position applied for.
Credit Report Restrictions
Employers may not use an applicant's or employee's credit report or credit history to determine whether to hire an applicant, discharge an employee, or set compensation or other terms, conditions, or privileges of employment, unless the employer has a bona fide purpose that is substantially job related, such as a managerial position with financial responsibilities. Financial institutions, certain credit unions, SEC-registered investment advisors, and employers required by other law to consider credit history are exempt.
Bankruptcies
Maryland has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Maryland has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Maryland 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
Maryland law does not prevent an employer from testing an applicant or employee for cannabis use or from taking adverse action based on a positive test, regardless of the individual's status as a medical cannabis patient. The Maryland Medical Cannabis Commission's own guidance confirms employers are not required to accommodate medical cannabis use and may enforce a drug free workplace policy. Legislative efforts to add workplace protections for medical or recreational cannabis use have repeatedly failed to pass.
Pre-Adverse Action Notice & Waiting Period
Maryland has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Maryland has no state law adding to the FCRA adverse action notice process.
Authorization Requirements
Maryland has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
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.
Baltimore City, MD Applies to 10+ Employees Ban the Box
Employers with 10 or more full-time equivalent employees in Baltimore City may not require an applicant to disclose a criminal record, conduct a criminal record check, or otherwise inquire about an applicant's criminal history at any time before a conditional offer of employment has been made, making it the strictest of Maryland's local ordinances. Employers that provide programs, services, or direct care to minors or vulnerable adults are exempt.
Montgomery County, MD Applies to All Employers Fair Criminal Record Screening Standards
Employers with 1 or more employees in Montgomery County may not inquire into or conduct a criminal background check on an applicant's criminal history until after a conditional offer of employment has been extended. Certain records, including arrests not resulting in conviction, may never be considered. If an employer intends to rescind a conditional offer based on criminal history, it must provide a copy of the report, notify the applicant of the reason, and delay the decision for 7 days to allow the applicant to respond.
Prince George's County, MD Applies to 10+ Employees Fair Criminal Record Screening Standards
Employers with 10 or more full-time employees in Prince George's County, effective September 16, 2024 under the "Access to Employment for Returning Citizens" amendment, may not inquire about or investigate an applicant's criminal history until after the initial interview. Employers may not inquire into or consider a nonviolent felony conviction once 5 years have passed since sentence completion, or a misdemeanor conviction once 30 months have passed, and may not consider an arrest that did not result in a conviction except where the result was probation before judgment.
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
Maryland layers a statewide ban the box law with 3 local ordinances that are each stricter than the state. To stay compliant:
Do not ask about or seek an applicant's wage history, and provide the wage range for a position upon request If you have 15 or more full-time employees, do not require disclosure of a criminal record before the first in-person interview; check whether Baltimore City, Montgomery County, or Prince George's County local rules apply and impose a stricter timing requirement Do not order a credit report unless you have a bona fide purpose substantially related to the position Confirm any criminal record returned has not been shielded or expunged under the Second Chance Act before considering it Medical cannabis patient status does not limit your ability to test for or act on cannabis use 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.
Download the Maryland Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Maryland law.