Maryland Background Check Laws (2026 Guide)

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title: "Maryland Background Check Laws: What You Need to Know in 2026" description: "Learn about Maryland background check laws including Ban the Box, expungement reform, lookback periods, FCRA rules, and employer, housing, and licensing requirements."

Overview of Maryland Background Check Laws

Maryland has built a layered framework of background check laws that balances employer and landlord screening needs against the rights of individuals with criminal records. These laws operate at the federal, state, and local levels, creating a system that employers, landlords, and licensing boards must carefully navigate.

At the federal level, the Fair Credit Reporting Act (FCRA) sets baseline requirements for any background check conducted through a consumer reporting agency. Maryland adds its own protections on top of FCRA, including the Criminal Records Screening Practices Act (Ban the Box), the Job Applicant Fairness Act, and state-level restrictions on reporting outdated information.

Understanding these overlapping requirements is essential for anyone who conducts background checks in Maryland or anyone who wants to know their rights when being screened.

Maryland Ban the Box Law

What the Law Requires

Maryland's Ban the Box law, the Criminal Record Screening Practices subtitle of the Labor and Employment Article, took effect on February 29, 2020, after the General Assembly overrode the governor's veto on January 30, 2020. The operative prohibition is codified at Section 3-1503, which bars a covered employer from requiring an applicant to disclose whether the applicant has a criminal record at any time before the first in-person interview. Section 3-1501 is the subtitle's definitions section.

Section 3-1501 defines "criminal record" broadly. It includes arrests, guilty pleas or verdicts, pleas of nolo contendere, charges marked "stet," probation before judgment dispositions, and not criminally responsible determinations. This means employers cannot ask about any of these categories before the interview stage.

Which Employers Are Covered

The state law applies to employers with 15 or more full-time employees in Maryland. However, the law defines "employment" broadly enough to cover contractual, temporary, seasonal, and contingent work. It also extends to positions obtained through temporary staffing agencies and to vocational or educational training programs, whether paid or unpaid.

Exemptions to the Law

Employers are exempt from the Ban the Box requirement if another state or federal law requires or expressly authorizes a criminal background inquiry for the position. Common examples include roles in education, healthcare, information technology, and the financial sector where background checks are mandated by regulation.

Employers that provide programs, services, or direct care to minors or vulnerable adults are also expressly exempt from the law.

Penalties for Violations

The Maryland Commissioner of Labor and Industry can issue compliance orders against employers who violate the law. Civil penalties of up to $300 per applicant or employee can be assessed for repeat violations. The law also includes an anti-retaliation provision that prohibits employers from discriminating against applicants or employees who report violations.

Complaints can be filed through the Employment Standards Service using the Maryland Criminal Record Screening Complaint Form, available in both English and Spanish through the Division of Labor and Industry.

Local Ban the Box Ordinances

Maryland's statewide Ban the Box law does not preempt local ordinances. Several jurisdictions maintain their own, often stricter, versions of the law.

Baltimore City

Baltimore City has the most restrictive Ban the Box ordinance in the state. It prohibits employers from inquiring about an applicant's criminal history until after the employer makes a conditional offer of employment. This goes well beyond the state law, which only delays the inquiry until the first interview. Baltimore's ordinance applies to employers with 10 or more employees, a lower threshold than the state's 15-employee requirement.

Montgomery County

Montgomery County's ordinance allows criminal history inquiries only after the first interview, similar to the state law. However, Montgomery County requires employers to conduct an individualized assessment of any criminal record to determine whether it is relevant to the job before taking adverse action. Montgomery County expanded its provisions to cover any employer with one or more employees.

Prince George's County

Prince George's County also restricts criminal history inquiries until after the first interview. Its ordinance applies to employers with 25 or more employees. Like Montgomery County, Prince George's County requires an individualized assessment of criminal records and mandates that pre-adverse action notices include additional information beyond what the federal FCRA requires.

Lookback Periods and Reporting Restrictions

Maryland's Seven-Year Rule

Under Maryland Commercial Law Section 14-1203, consumer reporting agencies (CRAs) are prohibited from including certain outdated information in consumer reports. The statute bars the reporting of arrest records, indictments, convictions, and other adverse information that is more than seven years old, measured from the date of disposition, release, or parole.

The statute also restricts reporting of other categories of outdated information. Paid tax liens more than seven years old, accounts placed for collection that are more than seven years old, and bankruptcies more than ten years old all fall under the prohibition.

Salary Threshold Exception

There is a significant exception to the seven-year rule, and the dollar threshold is not the same for every type of report. Section 14-1203(b) lifts the restrictions for a credit transaction involving, or reasonably expected to involve, a principal amount of $150,000 or more; for the underwriting of life insurance with a face amount of $150,000 or more; and for the employment of an individual at an annual salary that equals, or may reasonably be expected to equal, $75,000 or more.

For employment background checks, this means that positions with expected annual compensation of $75,000 or more are not subject to the seven-year lookback limit, and CRAs can report criminal records older than seven years for those roles.

Employer-Conducted Searches

The seven-year lookback restriction applies specifically to reports generated by consumer reporting agencies. Employers who conduct their own background searches directly through court records or other public databases are not bound by this restriction. However, they must still comply with EEOC guidance and Title VII requirements regarding the use of criminal history in employment decisions.

FCRA Requirements in Maryland

Federal Baseline

The federal Fair Credit Reporting Act establishes minimum requirements that apply to all background checks conducted through a CRA in Maryland. Before running a background check, an employer must provide the applicant with a standalone written disclosure that a background check may be conducted and obtain the applicant's written consent.

Adverse Action Process

If an employer decides to take an adverse employment action based on a background check (such as declining to hire, terminating, or demoting an employee), the FCRA requires a two-step adverse action process.

First, the employer must send a pre-adverse action notice that includes a copy of the consumer report and a summary of the applicant's rights under the FCRA. The applicant must be given a reasonable period (generally five business days) to review the report and dispute any inaccuracies.

Second, after the waiting period, the employer must send a final adverse action notice. This notice must include the name, address, and phone number of the CRA that provided the report, a statement that the CRA did not make the adverse decision, and a notice of the applicant's right to obtain a free copy of the report within 60 days and to dispute its accuracy.

Individualized Assessment

While not a strict FCRA requirement, the Equal Employment Opportunity Commission (EEOC) strongly recommends that employers conduct an individualized assessment before making employment decisions based on criminal history. The assessment should consider three factors: the nature and gravity of the offense, the time that has passed since the offense or completion of the sentence, and the nature of the job held or sought.

In April 2024, the EEOC filed a lawsuit against Sheetz, Inc., a convenience store chain with operations in Maryland, alleging that the company's criminal background check policy resulted in race discrimination by disproportionately affecting Black, American Indian/Alaska Native, and multiracial applicants. This case serves as a reminder that even facially neutral background check policies can violate Title VII if they create a disparate impact.

Job Applicant Fairness Act (Credit Checks)

Maryland's Job Applicant Fairness Act places additional restrictions on the use of credit reports in employment decisions. The law generally prohibits employers from using a job applicant's or employee's credit report or credit history to determine whether to hire, terminate, or set the rate of pay or other conditions of employment.

When Employers May Use Credit Information

Covered employers can request credit reports in two limited situations. First, after making a job offer, an employer may request a credit report as long as the report will not affect hiring or compensation decisions. Second, an employer may request a credit report for a substantially job-related purpose, with written disclosure to the applicant.

Positions that may justify a credit check include those involving management oversight, access to personal customer or employee information, fiduciary responsibilities, expense accounts or corporate credit cards, and access to confidential proprietary information.

Exempt Employers

The Job Applicant Fairness Act does not apply to financial institutions accepting federally insured deposits (most banks and credit unions), privately insured credit unions approved by Maryland's Commissioner of Financial Regulation, SEC-registered investment advisors, or employers required by state or federal law to check credit.

Penalties

First-time violations carry a civil penalty of up to $500. Subsequent violations can result in penalties of up to $2,500. Employers may request an administrative hearing within 30 days of a penalty notice.

Maryland Expungement Reform Act of 2025

Major Changes Effective October 1, 2025

Governor Wes Moore signed the Expungement Reform Act of 2025 (Senate Bill 432) into law on April 22, 2025. The act represents the most significant overhaul of Maryland's expungement system in years and took effect on October 1, 2025.

The most important change addresses the impact of probation violations on expungement eligibility. Before this reform, a 2022 appellate decision in In re Abhishek I. held that a violation of probation would permanently prohibit expungement in most cases because the statute required "satisfactory completion of a sentence." The new law overrides that ruling and clarifies that a probation violation does not automatically disqualify an individual from having an eligible arrest or conviction record sealed.

Expanded Eligibility

The act broadened the list of misdemeanor convictions eligible for expungement. Offenses that can now be expunged include driving without a license, cashing bad checks, and possession of a stolen credit card, among others.

The law also introduced shorter waiting periods, allowing individuals to petition for expungement sooner after completing their sentences.

Cannabis Record Provisions

Cannabis convictions that were later pardoned by the Governor became eligible for removal from public records. Starting January 31, 2026, these pardoned cannabis-related charges will no longer appear in Maryland's public Judiciary Case Search, reducing barriers for individuals seeking employment, housing, or educational opportunities.

Impact on Background Checks

The Expungement Reform Act has a direct effect on background check results. Records that have been expunged will not appear in searches conducted through the Maryland Judiciary Case Search or through CJIS. Employers, landlords, and licensing boards who discover expunged records through other means are generally prohibited from using them in decision-making.

Employment Background Checks

Pre-Employment Screening Process

Employers in Maryland who want to conduct pre-employment background checks must follow a specific process. They must inform candidates in writing of their intention to conduct a background check and obtain signed, written consent before initiating the screening.

For third-party background checks, the written disclosure must be provided as a standalone document, separate from the employment application or other materials. Burying the disclosure in the fine print of an application form does not satisfy FCRA requirements.

Types of Employment Background Checks

Maryland employers commonly conduct several types of background screenings. Criminal history checks can be run through the Maryland CJIS Central Repository, county court records, or third-party consumer reporting agencies. Employment verification confirms previous job titles, dates of employment, and sometimes salary information. Education verification checks the accuracy of degrees and certifications claimed by applicants. Motor vehicle record checks are common for positions that involve driving.

What Employers Cannot Do

Beyond the Ban the Box restrictions, Maryland employers must avoid several practices. They cannot use arrest records that did not lead to convictions as a basis for employment decisions. They cannot apply blanket policies that automatically disqualify anyone with a criminal record without conducting an individualized assessment. They cannot retaliate against applicants who assert their rights under background check laws.

Housing Background Checks

Current Tenant Screening Rules

Maryland does not currently have a statewide Fair Chance Housing Act. The Maryland Fair Chance Housing Act (SB 514/HB 1077) was introduced during the 2025 legislative session but did not advance through committee. Had it passed, it would have prohibited landlords from inquiring about conviction history during the initial screening process.

Under current law, Maryland landlords can conduct criminal background checks on prospective tenants, but they must obtain written consent before doing so, in compliance with the FCRA. Landlords must also follow the same adverse action procedures that apply to employers when they deny a tenancy based on a background check.

Portable Tenant Screening Reports

Senate Bill 691 (Chapter 784), which took effect on July 1, 2025, introduced requirements around portable tenant screening reports (PTSRs). Under this law, landlords with five or more rental units may charge up to $25 as a screening fee, but they must waive this fee if the tenant provides a valid PTSR from the past 30 days.

Landlords must inform prospective tenants in writing whether they accept PTSRs. Penalties for violations include fines of up to $2,500 per occurrence, though fines are reduced to $50 if the landlord corrects the violation within seven days of notification.

Maryland Tenants' Bill of Rights

As of July 1, 2025, Maryland landlords are required to include the Maryland Tenants' Bill of Rights with each new lease agreement. This document outlines tenant protections related to security deposits, maintenance responsibilities, lease termination procedures, and screening practices.

Licensing and Professional Background Checks

Healthcare Licensing

Maryland's healthcare licensing boards require Criminal History Records Checks (CHRCs) for various professional licenses. The Maryland Board of Nursing, for example, requires CHRCs for all new RN, LPN, and CNA applicants, as well as for selected renewal applicants.

These checks must include both state and federal (FBI) criminal history reviews using fingerprints. Private background checks are not accepted as a substitute. Background checks that reveal arrests or convictions are reviewed by the board on a case-by-case basis before a license is issued or renewed.

If a license has been non-renewed for more than 12 months, the applicant must submit to a new background check as part of the reinstatement process.

Firearms

Maryland requires a background check for all handgun purchases, including private sales. The Handgun Qualification License (HQL), administered by the Maryland State Police Licensing Division, requires applicants to submit Livescan fingerprints for a criminal background investigation. The original HQL application fee is $50, not including fingerprinting fees. Fingerprints for HQL purposes are valid for 12 months after submission.

Child Care and Education

House Bill 281 (introduced in the 2026 session) addresses criminal history records checks for child care providers, requiring certain facilities to apply for both national and state criminal history records checks for employees, employers, individuals, and volunteers.

How to Obtain a Background Check in Maryland

Through the CJIS Central Repository

The Maryland Criminal Justice Information System (CJIS) Central Repository, operated by the Department of Public Safety and Correctional Services (DPSCS), is the primary state agency for background checks. The Central Repository processes several types of checks.

State background checks disclose specific crimes committed within Maryland. Combined state and FBI background checks provide a broader view that includes records from across the country. The full state and FBI background check costs $51.25 when submitted through a government-operated service.

Fingerprinting Requirements

Maryland law requires new fingerprints for each background check request. Fingerprinting services are available at more than 20 private contractor locations and six state-operated sites across Maryland.

The CJIS Fingerprinting Office is located at 6776 Reisterstown Road, 1st Floor, Suite 102, Baltimore, Maryland 21215. The office is open Monday through Friday from 8:30 a.m. to 5:00 p.m.

Processing Times and Fees

State background check results are typically mailed within 10 working days of receipt of the approved application. Same-day results are available only in exceptional circumstances when requested in person.

Fees vary by check type and submission method. The full state and FBI background check costs $51.25 through government-operated services or $30.00 plus a provider-set fee through private fingerprinting providers. Payments are accepted by credit card (Mastercard, Visa, and Discover) or check at the CJIS storefront. Cash and money orders are not accepted.

For questions or appointments, contact CJIS Customer Service at 410-764-4501 or toll-free at 1-888-795-0011, Monday through Friday from 8:00 a.m. to 5:00 p.m.

Recent Changes and Developments

2025-2026 Legislative Updates

The 2025 and 2026 Maryland legislative sessions brought several changes to background check laws. The Expungement Reform Act of 2025 was the most significant, expanding the number of individuals who can clear their records and directly affecting what appears in background check results.

The Fair Chance Housing Act (SB 514/HB 1077) was proposed in 2025 but did not pass. Advocates continue to push for restrictions on the use of criminal background checks in housing decisions, and similar legislation may be reintroduced.

The portable tenant screening report requirements under SB 691 took effect on July 1, 2025, and the Maryland Tenants' Bill of Rights requirement also began on that date.

House Bill 281, introduced in the 2026 session, would expand criminal history records check requirements for child care providers.

EEOC Enforcement Activity

The EEOC's 2024 lawsuit against Sheetz, Inc. highlighted the ongoing risk that criminal background check policies can create disparate impact discrimination under Title VII. Maryland employers should ensure their policies are job-related and consistent with business necessity, and they should conduct individualized assessments rather than applying blanket disqualifications.