Maryland background check laws for employers

At a glance

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

When you may ask about criminal history

Who it covers: Private employers with 15 or more full-time employees

In force since: February 29, 2020

An employer with 15 or more full-time employees may not require an applicant to disclose a criminal record or criminal accusations at any time before the first in-person interview. It may ask during that interview. Retaliation for claiming a violation is barred. Counties and cities may be stricter, and three are (see Local rules below). The state law does not require an individualized assessment.

Exceptions

• Inquiries or actions an employer is required or expressly authorized to take by other federal or State law (§ 3-1502(a)(1))
• Employers that provide programs, services, or direct care to minors or vulnerable adults (§ 3-1502(a)(2))

Md. Code, Lab. & Empl. § 3-1503(a) · Md. Code, Lab. & Empl. § 3-1501(c)(1) · Md. Code, Lab. & Empl. § 3-1504 · Md. Code, Lab. & Empl. § 3-1502(a)(2) · Md. Code, Lab. & Empl. § 3-1502(b) · Md. Code, Lab. & Empl. § 3-1505(a)(2)

What a background check report may include

Who it covers: Consumer reporting agencies reporting on Maryland consumers

Maryland’s seven-year rule is stricter than federal law: a consumer reporting agency may not report records of arrest, indictment, or conviction more than seven years old, counted from disposition, release, or parole. Convictions are included. Bankruptcies drop after 10 years; suits, judgments, paid tax liens, collection accounts, and other adverse items after seven. The limits do not apply when the job pays, or is expected to pay, $75,000 or more.

Exceptions

• Employment at an annual salary of $75,000 or more
• Credit transactions of $150,000 or more
• Life insurance of $150,000 or more

Md. Code, Com. Law § 14-1203(a)(5) · Md. Code, Com. Law § 14-1203(b)(3)

Sealed and expunged records

Who it covers: All employers and educational institutions

In force since: October 1, 2025

Maryland expungement is by petition (Crim. Proc. §§ 10-105, 10-110), with one automatic piece: DPSCS had to expunge from the Central Repository every case where cannabis possession was the only charge and the charge issued before July 1, 2023, by July 1, 2024 (§ 10-112). The Expungement Reform Act of 2025 (ch. 95) shortened waiting periods by counting from completion of the sentence and added expungeable misdemeanors. For employers: no application or interview may require disclosure of expunged charges, a person need not mention them, and refusing to disclose may not be the sole reason to refuse to hire or to discharge (§ 10-109). Violation is a misdemeanor (fine up to $1,000, up to 1 year, or both, per violation). Since October 1, 2026 a person may also petition to expunge a disposition in a case closed with a ‘no finding’ or ‘terminated without finding’ designation (Ch. 465/466 of 2026, Crim. Proc. § 10-110).

Md. Code, Crim. Proc. § 10-109(a)(1) · Md. Code, Crim. Proc. § 10-109(a)(3) · Md. Code, Crim. Proc. § 10-112 · Md. Code, Crim. Proc. § 10-105(c)(8) · SB 432 (2025 RS), Expungement Reform Act of 2025, ch. 95 · Ch. 465 of 2026 (SB 320), Section 2

Credit checks for employment

Who it covers: All employers, except those exempted in (a)

In force since: October 1, 2011

The Job Applicant Fairness Act bars an employer from using an applicant’s or employee’s credit report or credit history to deny employment, discharge, or set pay, terms, conditions, or privileges. Exceptions: the applicant has received an offer and the use is for a purpose not barred; or the employer has a bona fide, substantially job-related purpose disclosed in writing, for positions that are managerial, involve access to others’ personal information (not retail transactions), carry fiduciary duties, come with an expense account or corporate card, or give access to trade secrets or confidential business information. Background investigations that do not look at credit are unaffected.

Exceptions

• Employers required by federal or state law to check credit
• FDIC-insured depository institutions and affiliates
• Credit union share guaranty corporations
• SEC-registered investment advisers and affiliates
• Post-offer use for a non-prohibited purpose
• Bona fide, substantially job-related purpose disclosed in writing

Md. Code, Lab. & Empl. § 3-711(b) · Md. Code, Lab. & Empl. § 3-711(d)(4) · Md. Code, Lab. & Empl. § 3-711(e)

Salary history questions

Who it covers: All employers with positions physically performed, at least in part, in Maryland

In force since: October 1, 2020

An employer may not ask an applicant or a former employer for wage history, rely on wage history to screen or set pay, or retaliate against an applicant for withholding it. After an initial offer with pay, the employer may confirm or rely on wage history the applicant volunteers to justify a higher offer, if that creates no unlawful pay differential. Since October 1, 2024 every job posting (public or internal) for work performed at least partly in Maryland must show the wage range, a general description of benefits, and other compensation; if no posting reached the applicant, the information must be given before any pay discussion and on request.

Exceptions

• Wage history volunteered by the applicant may be used after an initial offer, within the limits in (d)

Md. Code, Lab. & Empl. § 3-304.2(a) · Md. Code, Lab. & Empl. § 3-304.2(d)(1)(ii) · Ch. 67 of 2020 (HB 123), Section 2 · Ch. 272 of 2024 (SB 525), Section 2

Drug and alcohol testing procedures

Who it covers: All employers conducting job-related drug or alcohol testing

An employer that requires job-related drug or alcohol testing must use a laboratory permitted by Maryland or an approved out-of-state lab. A positive applicant screen must go to such a lab for confirmation, and a medical review officer must review a confirmed positive. Within 30 days of the test the employer must give the person, in person or by certified mail, a copy of the lab result, a copy of its written substance-use policy, written notice of any planned discipline or change in employment, and a statement of the right to independent retesting of the same sample at the person’s expense.

Md. Code, Health-Gen. § 17-214(b)(1)(i) · Md. Code, Health-Gen. § 17-214(b)(2)(ii) · Md. Code, Health-Gen. § 17-214(c)

The state consumer reporting law

Who it covers: Consumer reporting agencies doing business in Maryland; users of reports

Maryland’s Consumer Reporting Agencies subtitle (Com. Law §§ 14-1201 to 14-1226) supplements the federal FCRA. It limits permissible purposes (employment is one), requires CRAs to give consumers a copy of their file with codes explained and the Commissioner’s contact, sets the stricter obsolescence rule in § 14-1203, and requires consumer reporting agencies to register each year with the Commissioner of Financial Regulation (§§ 14-1215, 14-1216; registration through NMLS, with a bond). No extra employer disclosure or authorization step beyond federal law.

Md. Code, Com. Law § 14-1202(a) · Md. Code, Com. Law § 14-1215 · Md. Code, Com. Law § 14-1206(a) · Md. Code, Com. Law § 14-1216(e)

Where federal law alone applies

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

• Cannabis

Local rules

Some places in Maryland add their own rules. A local rule applies on top of the state rule.

• Montgomery County (county). Fair Criminal Record Screening Standards, County Code §§ 27-71 to 27-75, as amended by Bill 35-20 (effective February 19, 2021). Covers any employer with 1 or more full-time employees in the county. No criminal-record question, check, or inquiry before a conditional offer. Never ask about or consider: arrests without conviction; a first conviction for trespass, disturbing the peace, or second-degree assault; misdemeanor convictions 3+ years past conviction and release; confidential juvenile or expunged records. Complaints go to the Office of Human Rights. Montgomery County Code § 27-72(b)-(d); Bill 35-20 (2020)
• Prince George’s County (county). Access to Employment for Returning Citizens (formerly Fair Criminal Record Screening Standards), County Code §§ 2-231.02 to 2-231.08, as amended by CB-019-2024 (approved August 1, 2024, effective September 16, 2024). Covers employers with 10 or more full-time employees in the county. No criminal-record question on the application and no inquiry or check until the conclusion of a first interview. Never inquire into or consider: nonviolent felonies with sentence completed 5+ years ago; misdemeanors completed 30+ months ago; arrests without conviction (PBJ treated as a misdemeanor); cannabis possession once the sentence is complete. Individualized assessment required before an adverse decision. Prince George's County Code §§ 2-231.03 to 2-231.05; CB-019-2024
• Baltimore (city). Fair Criminal-Record Screening Practices, Baltimore City Code Art. 11 (Labor and Employment), Subtitle 15 (Ord. 14-221, effective August 13, 2014). Covers employers with 10 or more full-time-equivalent employees in the city, including temporary and contract workers. Before a conditional offer the employer may not require disclosure of a criminal record, run a criminal-record check, or ask the applicant or others about one. Facilities serving minors or vulnerable adults exempt. Baltimore City Code Art. 11, § 15-6 (Ord. 14-221)

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 Maryland requirements where they apply.

Maryland or a place in it sets its own waiting period. The waiting period calculator counts it.

Paperwork at hire

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

• State withholding. Have each new hire complete Form MW507 and keep it on file; if no form is given, withhold as if the employee claimed one exemption. Form MW507
• New hire report. Report each new hire to Maryland within 20 days. State new hire reporting
• Notices at hire. Written notice of rate of pay, regular paydays and leave benefits; Earned sick and safe leave notice (Healthy Working Families Act).

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

Sources

• Md. Code, Lab. & Empl. § 3-1503(a)
• Md. Code, Lab. & Empl. § 3-1501(c)(1)
• Md. Code, Lab. & Empl. § 3-1504
• Md. Code, Lab. & Empl. § 3-1502(a)(2)
• Md. Code, Lab. & Empl. § 3-1505(a)(2)
• Md. Code, Com. Law § 14-1203(a)(5)
• Md. Code, Crim. Proc. § 10-109(a)(1)
• Md. Code, Crim. Proc. § 10-112
• Md. Code, Crim. Proc. § 10-105(c)(8)
• SB 432 (2025 RS), Expungement Reform Act of 2025, ch. 95
• Ch. 465 of 2026 (SB 320), Section 2
• Md. Code, Lab. & Empl. § 3-711(b)
• Md. Code, Lab. & Empl. § 3-304.2(a)
• Ch. 67 of 2020 (HB 123), Section 2
• Ch. 272 of 2024 (SB 525), Section 2
• Md. Code, Health-Gen. § 17-214(b)(1)(i)
• Md. Code, Com. Law § 14-1202(a)
• Md. Code, Com. Law § 14-1215
• Md. Code, Com. Law § 14-1206(a)
• Md. Code, Com. Law § 14-1216(e)
• Montgomery County Code § 27-72(b)-(d); Bill 35-20 (2020)
• Prince George’s County Code §§ 2-231.03 to 2-231.05; CB-019-2024
• Baltimore City Code Art. 11, § 15-6 (Ord. 14-221)

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.