Maine background check laws for employers

At a glance

The Maine rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: Every employer in Maine, including municipalities (certain state positions excluded)

In force since: October 18, 2021

All Maine employers are covered. An employer may not ask about criminal history on the initial application form, and may not say or advertise that people with a criminal history need not apply. The employer may ask during an interview or once the candidate is found otherwise qualified, and must then let the candidate explain the record and the circumstances, including rehabilitation. Exceptions: where federal or state law makes certain offenses disqualifying, or bars employing people with certain convictions, the application may ask about those offenses only.

Exceptions

• Mandatory or presumptive disqualification under federal or state law (questions limited to those offenses)
• Employer legally barred from employing persons with certain convictions (same limit)

26 M.R.S. § 600-A(2) · 26 M.R.S. § 600-A(3) · 26 M.R.S. § 600-A, history · 26 M.R.S. § 600-A(2)(A)

What a background check report may include

Who it covers: Business screening services (government and news media excluded); consumer reporting agencies generally under 10 M.R.S. ch. 209-B

In force since: July 29, 2026

Maine has no obsolescence or time limit beyond the federal FCRA. Since July 29, 2026 a business screening service (anyone who collects or sells criminal history record information for a fee) may report only criminal records that are complete and accurate: updated within 30 days of receipt, or verified with the source within the previous 90 days. Every criminal record collected on or after July 1, 2010 must carry the date it was collected and a notice that it may include records sealed or made inaccessible since then. A record found on dispute to be sealed or pardoned must be deleted promptly.

10 M.R.S. § 1309 · 10 M.R.S. § 1500-OO · 10 M.R.S. § 1500-QQ · 10 M.R.S. § 1500-PP(2)

Sealed and expunged records

Who it covers: All employers (governs what the applicant may say and what agencies may release)

In force since: August 8, 2022

Maine has no automatic sealing. A person may move to seal an eligible conviction (mainly Class E crimes, with exclusions) at least four years after satisfying the sentence, with no new convictions and no pending charges (15 M.R.S. ch. 310-A). Since July 29, 2026 a victim of sex trafficking or sexual exploitation may move at any time to seal any conviction that was a substantial result of the trafficking or exploitation (§ 2262-B). Once sealed, the person may decline to reveal the conviction to private parties, except to criminal justice agencies or under oath. Sealed information may not be disseminated by criminal justice agencies except as listed; employers are not among the listed recipients. Business screening services must delete sealed records found on dispute (10 M.R.S. § 1500-PP).

Exceptions

• Criminal justice agencies; financial institutions where federal or state law requires (§ 2265)

15 M.R.S. § 2262 · 15 M.R.S. § 2261(6)(A) · 15 M.R.S. § 2266 · PL 2025, c. 513, § 10 (15 M.R.S. § 2262-B)

Salary history questions

Who it covers: All employers

In force since: September 19, 2019

An employer may not use or ask about a prospective employee’s compensation history, from the applicant or a current or former employer, until after an offer with all compensation terms has been negotiated and made. Then the employer may ask or confirm. Exception: where federal or state law specifically requires disclosure or verification of compensation history for employment. Since July 29, 2026, an employer with 10 or more employees must list the prospective pay range in every job posting (or state that pay is commission only), must disclose an employee’s position pay range on request, and must keep each employee’s position and pay history for the employment plus three years.

Exceptions

• Inquiries required by federal or state law

26 M.R.S. § 628-A(2) · 26 M.R.S. § 628-A, history · 26 M.R.S. § 622-A(2) · 26 M.R.S. § 622-A, history

Cannabis use and testing

Who it covers: All employers

In force since: May 2, 2018

Adult use is legal, but an employer need not permit or accommodate cannabis at work, may adopt policies restricting use at work, and may discipline employees under the influence at work (28-B M.R.S. § 112). Medical: an employer may not refuse to employ or otherwise penalize a person solely for status as a qualifying patient or caregiver, unless doing so would violate federal law or cost a federal contract or funding (22 M.R.S. § 2430-C(3)). No statute bars pre-employment THC testing; applicant testing runs under the DOL-approved policy rules in 26 M.R.S. § 683, which set a 15 ng/mL THC-COOH confirmation floor for urine.

Exceptions

• Federal-law conflict or loss of federal contract/funding (medical status protection)

28-B M.R.S. § 112(3) · 22 M.R.S. § 2430-C(3) · 26 M.R.S. § 683(2)(G)(1)

Drug and alcohol testing procedures

Who it covers: Every public or private employer with one or more employees (26 M.R.S. § 682(3)), except federally mandated programs

In force since: September 30, 1989

Maine regulates employer substance-use testing. An employer may not test until the Department of Labor approves its written policy (26 M.R.S. § 683 and § 686); changes also need approval. Applicants must get a copy of the approved policy before any test. Confirmation tests follow set cutoffs, applicants and employees may contest a non-negative result, and covered employers file annual test statistics. Employers under a federally mandated program are outside the subchapter but must test non-mandated workers the federal way.

Exceptions

• Employers subject to a federally mandated substance use testing program (26 M.R.S. § 681(8)(C))

26 M.R.S. § 683(2) · 26 M.R.S. § 683(3) · 26 M.R.S. § 681(8)(C) · 26 M.R.S. § 682(3)

The state consumer reporting law

Who it covers: Consumer reporting agencies and users in Maine

In force since: October 9, 2013

Maine’s Fair Credit Reporting Act, 10 M.R.S. §§ 1306-1310-H (2013), incorporates the federal FCRA and Regulation V by reference and adds consumer-side rights: one free file disclosure per 12 months (then up to $5), a 21-day reinvestigation deadline, security freezes, a medical-debt reporting ban, and a bar on users re-disseminating consumer or investigative consumer reports. Since July 29, 2026, 10 M.R.S. ch. 247 adds criminal-record rules for business screening services: accuracy currency (30/90 days), a free investigation of disputes with notice of results within 30 days, deletion of sealed or pardoned records, and a dated sealing notice on each record (see reporting_limits). Neither adds an employer disclosure, authorization, or investigative-report step beyond federal law, and there is no CRA registration.

10 M.R.S. § 1306 · 10 M.R.S. § 1310-H(1) · 10 M.R.S. § 1310-H(2) · 10 M.R.S. § 1310(7) · 10 M.R.S. § 1500-PP · PL 2025, c. 513 (title page and § 1)

Where federal law alone applies

We found no Maine rule for private employers on these topics. The FCRA and other federal laws still apply.

• Credit checks

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Maine requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Maine sets these for each new hire.

• State withholding. Collect a Form W-4ME from each new hire on the same day as the federal W-4; without a valid W-4ME, withhold as single with no allowances. Form W-4ME
• New hire report. Report each new hire to Maine within 7 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Paid Family and Medical Leave Employee Written Notice.

Build the new hire checklist for Maine, with city rules, special cases and a due date for each item.

Sources

• 26 M.R.S. § 600-A(2)
• 10 M.R.S. § 1309
• 10 M.R.S. § 1500-OO
• 10 M.R.S. § 1500-QQ
• 10 M.R.S. § 1500-PP(2)
• 15 M.R.S. § 2262
• 15 M.R.S. § 2261(6)(A)
• 15 M.R.S. § 2266
• PL 2025, c. 513, § 10 (15 M.R.S. § 2262-B)
• 26 M.R.S. § 628-A(2)
• 26 M.R.S. § 622-A(2)
• 28-B M.R.S. § 112(3)
• 22 M.R.S. § 2430-C(3)
• 26 M.R.S. § 683(2)(G)(1)
• 26 M.R.S. § 681(8)(C)
• 26 M.R.S. § 682(3)
• 10 M.R.S. § 1306
• 10 M.R.S. § 1310-H(1)
• 10 M.R.S. § 1310(7)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.