Hiring in Maryland means following two layers of rules at once. The federal Fair Credit Reporting Act sets the baseline for every background check in the country, and Maryland layers its own statewide rules on top, including a statewide ban the box law, a state fingerprint based record check system, and a set of expungement and shielding provisions that limit what an old criminal record can show. This guide walks through each layer so an employer can see where the two systems meet and where Maryland asks for something extra. It is written for hiring managers and HR staff, not as a substitute for advice from an employment lawyer.
The federal floor: FCRA basics every Maryland employer follows
Any time a Maryland employer orders a criminal history, driving record, or other report from a background screening company, that report is a consumer report under the Fair Credit Reporting Act. Section 1681b of Title 15 limits the circumstances under which a screening company may furnish that report, and employment screening is permitted only after the employer gives the applicant a clear, standalone written disclosure and gets written authorization. The disclosure has to be its own document, not buried in a job application or an employee handbook.
Before an employer may deny a job, rescind an offer, or take another adverse action based wholly or partly on the report, the FCRA requires a pre adverse action notice with a copy of the report and the Summary of Your Rights Under the FCRA, followed by a reasonable waiting period so the applicant can dispute anything inaccurate. Only after that window closes may the employer send the final adverse action notice required under Section 1681m, which must tell the applicant which agency provided the report and that the agency did not make the hiring decision. These federal steps apply in Maryland exactly as they apply everywhere else, and they apply whether or not the Maryland rules below also apply to a given employer.
Maryland’s statewide ban the box law
Maryland added its own timing rule on top of the federal disclosure requirements through the Fair Criminal Record Screening Standards Act, codified in the Labor and Employment Article. The law generally covers employers with fifteen or more full time employees and prohibits those employers from asking an applicant to disclose a criminal record, or from running a criminal background check, until after the first in person interview. The point is to let a candidate get in front of a hiring manager on the merits of the application before a record enters the conversation. The restriction is about timing, not a ban on ever asking. Once the first interview has happened, a covered employer may ask about criminal history and may order a background check consistent with the FCRA steps above. A related internal post on ban the box and fair chance hiring laws walks through how similar timing rules work in other states, since the concept is not unique to Maryland.
Employers under the fifteen employee threshold are not covered by the state timing rule, though they still owe every applicant the full set of FCRA disclosures described above. Nothing in the Maryland law overrides the EEOC’s expectation, discussed below, that any employer weigh a record in context rather than using it as an automatic disqualifier.
How Maryland criminal history checks actually run
Maryland maintains its own central repository of criminal history records through the Maryland Department of State Police. Fingerprint based checks run through that repository are commonly required for licensed professions, school and child care employment, and other positions where state law requires a state or FBI fingerprint search rather than a name based commercial search. The State Police publish the current process for scheduling a fingerprint appointment and routing the results to the requesting agency on their fingerprinting services page. Most private sector hiring in Maryland instead relies on a name and date of birth based criminal record search ordered through a consumer reporting agency, which is a different process from a state fingerprint check and is governed by the FCRA rather than the state’s CJIS rules. An employer that is not sure which process a given role legally requires should confirm with the licensing board or agency that oversees that position rather than guess.
Expungement and shielding: what a Maryland employer may not see
Maryland law allows many criminal records to be expunged or shielded from public view once certain conditions are met, under the expungement provisions of the Criminal Procedure Article. Expungement generally removes a record from public court and police files. Shielding is a narrower remedy that keeps a record out of public searches while leaving it visible to certain government users. Either way, the practical effect for an employer is the same: a record that has been expunged or shielded should not appear on a properly run background check, and an employer should never ask an applicant to disclose, or penalize an applicant for not disclosing, a record that the law has removed from public access. A fuller comparison of how these two remedies differ is in the internal post on sealed versus expunged records. Because eligibility and waiting periods depend on the specific charge and outcome, an employer who sees something that looks inconsistent with what an applicant disclosed should treat it as a dispute to resolve through the FCRA process rather than an automatic red flag.
What can be reported and when
| Item | Governing rule | What a Maryland employer should know |
|---|---|---|
| Standalone disclosure and written authorization | FCRA, 15 U.S.C. 1681b | Required before ordering any consumer report, in every Maryland hiring process, regardless of employer size. |
| Timing of the criminal history question or check | Fair Criminal Record Screening Standards Act | Employers with fifteen or more full time employees may not ask about or check criminal history until after the first in person interview. |
| Pre adverse action notice and waiting period | FCRA | Required before any denial or rescission based even partly on the report, with a copy of the report and the Summary of Rights. |
| Final adverse action notice | FCRA, 15 U.S.C. 1681m | Must identify the reporting agency and state that the agency did not make the decision. |
| Fingerprint based state or FBI record checks | Maryland CJIS central repository | Generally reserved for licensed, school, child care, and similar statutorily designated positions, not routine private hiring. |
| Expunged or shielded records | Criminal Procedure Article, expungement and shielding provisions | Should not surface on a current check and should not be held against an applicant who does not disclose them. |
Individualized assessment and the EEOC’s position
Federal civil rights law does not ban the use of criminal history in hiring, but the EEOC’s guidance on arrest and conviction records explains that a blanket policy of excluding anyone with any record can create Title VII exposure if it disproportionately screens out applicants in a protected class without a job related reason. The EEOC’s recommended approach weighs the nature of the offense, the time that has passed, and the nature of the job, and gives the applicant a chance to explain context before a final decision. A Maryland employer that already follows the state’s first interview timing rule is well positioned to layer this kind of individualized review in as well, since the record is not in the room until later in the process anyway.
Marijuana and employment in Maryland
Maryland has legalized cannabis for adult use and separately allows a regulated medical cannabis program, information on both of which is maintained by the state’s Maryland Cannabis Administration. Legalization of possession and use is not the same thing as a promise against employment consequences. Maryland law does not give most private employers a blanket requirement to accommodate off duty cannabis use, and employers generally may still maintain drug free workplace policies, particularly for safety sensitive or federally regulated positions. The rules around a positive test result, a disclosed medical cannabis card, or an old cannabis related conviction differ by situation and continue to develop, so an employer facing a specific case should confirm current requirements with counsel rather than rely on a general rule.
Local rules: Montgomery County, Baltimore, and other jurisdictions
Some Maryland counties and municipalities have adopted their own employment or licensing ordinances that go beyond the statewide floor described above. Local rules change independently of state law and are not all summarized in one place, so an employer operating in Montgomery County, Baltimore, or another jurisdiction with its own fair chance or licensing ordinance should confirm the current text of that local code directly rather than assume the statewide rules are the only ones that apply. Where this guide does not cite a specific local ordinance, that is because the rule varies by jurisdiction and should be confirmed locally rather than guessed at.
A practical FCRA sequence for Maryland hiring
Most Maryland employers can keep a background check process compliant by following the same sequence for every candidate. Give the standalone disclosure and collect written authorization before ordering any report. If covered by the state’s fifteen employee threshold, wait until after the first in person interview to ask about or check criminal history. Order the report from a background screening company that is itself following FCRA accuracy procedures. If the results might lead to a denial, send the pre adverse action notice with the report and the Summary of Rights, and give the applicant a real opportunity to respond before any final decision. Apply the same individualized review described in the EEOC guidance to every applicant with a record, not only some. Send the final adverse action notice if the decision does not change. Document each step in case a dispute follows. A consumer reporting agency such as Reveal Background can help build this sequence into a repeatable workflow, though the legal responsibility for following each step stays with the hiring employer.
Frequently asked questions
Does Maryland’s ban the box law apply to every employer in the state?
No. The statewide timing rule in the Fair Criminal Record Screening Standards Act generally applies to employers with fifteen or more full time employees. Smaller employers are not covered by that specific timing rule but still owe applicants the full FCRA disclosure and adverse action process.
Can a Maryland employer ask about an arrest that never led to a conviction?
Maryland law does not create a blanket ban on asking about arrests, but using a bare arrest record as an automatic disqualifier raises the same individualized assessment concerns the EEOC has flagged, since an arrest alone does not establish that conduct occurred.
Will an expunged or shielded Maryland record show up on a background check?
It generally should not appear on a properly run check once a court has granted expungement or shielding. If a record that should have been removed still appears, that is grounds for a dispute under the FCRA rather than a reason to assume the applicant lied.
Is a state fingerprint check the same as the criminal background check most employers order?
No. A fingerprint based check through the state and FBI repositories is typically reserved for licensed, school, child care, and similarly designated positions. Most private sector hiring instead uses a name based consumer report ordered through a screening company under the FCRA.
Can a Maryland employer refuse to hire someone solely because they use cannabis legally off duty?
Maryland’s legalization of cannabis for adults did not create a broad statewide requirement that private employers accommodate off duty use, and employers may generally maintain drug free workplace policies, especially for safety sensitive roles. Because the details vary by situation, confirm with counsel before acting on a specific case.
Do Montgomery County or Baltimore have their own background check rules?
Some Maryland localities maintain their own ordinances that add to the statewide rules. Because these vary and change independently of state law, confirm the current local code for the specific jurisdiction rather than assume only the statewide rules apply.
This article is general information about Maryland and federal background check rules, not legal advice. Employers should consult qualified counsel before making hiring or policy decisions based on criminal history, cannabis use, or local ordinances.
