Maryland Background Check Laws (2026 Guide)

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Screening Practices Act (Ban the Box), the Job Applicant Fairness Act, and state-level restrictions on reporting outdated information.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 now has a statewide Fair Chance Housing Act. Senate Bill 937 (Chapter 752) was approved by the Governor on May 26, 2026 and took effect on October 1, 2026. It adds a new Subtitle 2A, "Discriminatory Use of Criminal History in Residential Leasing," to Title 8 of the Real Property Article. Earlier versions of the bill (SB 514/HB 1077) were introduced during the 2025 legislative session and did not advance through committee, so the 2026 enactment is the first statewide fair chance housing standard in Maryland. Our coverage of the Fair Chance Housing Act taking effect walks through what changed on day one.

The subtitle applies only to a landlord that manages or owns five or more residential rental units in the state, counting units the landlord owns or controls in whole or in part, directly or indirectly, or through one or more legal entities. It does not apply to owner-occupied residential rental units. A landlord who conducts a criminal history records check under the subtitle must conduct one for every prospective tenant.

The mechanism is sequence. Before extending a conditional offer, a landlord may not ask a prospective tenant to disclose criminal history on a housing application and may not make any oral or written inquiry about it. The statute carves out a short list the landlord may still ask about, and may reject an application on, before any conditional offer: convictions for manufacturing, distributing, dispensing, or producing methamphetamine on the premises of federally assisted housing, where the potential tenancy is in federally assisted housing; a sexual offense under Title 3, Subtitle 3 of the Criminal Law Article; child pornography under Criminal Law Section 11-207; first degree murder under Section 2-201; second degree murder under Section 2-204; and human trafficking under Section 3-1102. A landlord may also ask whether the applicant has ever been subject to a registration requirement under a state or federal sex offender registration program, or has ever been convicted in another state or in federal court of a crime with the same criminal elements as one of the listed offenses.

After a conditional offer, the landlord may conduct the criminal history records check and consider three categories of convictions as potential grounds for withdrawing the offer: any felony conviction under the Criminal Law Article if it occurred within the five years immediately preceding the rental application; any conviction on the pre-offer list that the prospective tenant did not previously disclose; and any conviction in another state court or a federal court of a crime with the same elements as a Maryland felony, again within the five years immediately preceding the application. A landlord may withdraw a conditional offer only after determining that the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest.

The subtitle also builds in notice and review steps. Before accepting an application fee, the landlord must give the prospective tenant written notice explaining how a criminal history records check is used in determining eligibility, stating that the listed convictions may be considered only after a conditional offer is extended, and describing the applicant's ability to submit evidence of record inaccuracies, rehabilitation, and mitigating factors. The landlord must also notify the applicant that an individualized assessment will be conducted. A landlord may not require a prospective tenant to submit to a drug or alcohol test, or request consent to the release of information from a substance use disorder treatment program.

If a landlord withdraws a conditional offer, the written notice must state a specific reason and tell the applicant that they may request a reassessment by giving the landlord written evidence, signed under penalty of perjury, showing inaccuracies in the records, rehabilitation, or other mitigating factors. The reassessment must weigh six statutory factors, among them the nature and severity of the offense, the applicant's age when it occurred, how much time has passed, evidence of rehabilitation and good conduct, the safety impact if the offense recurred, and whether it occurred on a property the applicant rented. Within 30 days of the withdrawal notice the applicant may request a copy of all the information the landlord relied on, including criminal history records, and the landlord has 10 days to provide it.

Unless federal law requires otherwise, a landlord may not knowingly or intentionally publish an advertisement stating that a prospective tenant who has been arrested or convicted of a crime will not be considered, and may not use any lease application or make any inquiry that expresses a criminal history limitation inconsistent with the subtitle. A violation carries a civil penalty of up to $500 for each violation. The subtitle preempts local laws comparable in subject matter, and the Department of Housing and Community Development is directed to adopt implementing regulations and to publish a model notice document through its Office of Tenant and Landlord Affairs. A landlord's decision to lease to an individual with a criminal history, or the decision not to obtain a criminal history records check at all, may not be the basis for a claim against the landlord.

Federal law still applies on top of the new subtitle. Maryland landlords must obtain written consent before ordering a tenant screening report through a consumer reporting agency, in compliance with the FCRA, and must follow the same adverse action procedures that apply to employers when they deny a tenancy based on a background check. Landlords who fall below the five-unit threshold are outside Subtitle 2A but remain subject to those federal rules.

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. SB 937 also amended the reusable tenant screening report statute (Real Property Section 8-218) so that the criminal history records check contained in such a report is now expressly subject to Subtitle 2A, meaning the limits described above govern when a covered landlord may consider that information.

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 was proposed in 2025 as SB 514/HB 1077 and did not pass, but it was reintroduced and enacted in the 2026 session as Senate Bill 937. The Governor approved it on May 26, 2026 as Chapter 752, and it took effect on October 1, 2026, creating Subtitle 2A of Title 8 of the Real Property Article and restricting when a landlord with five or more rental units may ask about or act on a prospective tenant's criminal history.

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.

Frequently Asked Questions

Can a Maryland employer ask about my criminal record on a job application?

No. Under Maryland Labor and Employment Article Section 3-1503, employers with 15 or more full-time employees cannot ask about criminal history before the first in-person interview. Baltimore City is even stricter, prohibiting the inquiry until after a conditional offer of employment. Some exemptions apply for positions in healthcare, education, finance, and roles involving minors or vulnerable adults.

How far back can a background check go in Maryland?

Consumer reporting agencies in Maryland are generally prohibited from reporting criminal records older than seven years under Maryland Commercial Law Section 14-1203. However, this restriction does not apply to the employment of an individual at an annual salary of $75,000 or more. Employers who conduct their own searches through court records are not bound by this lookback limit.

What records can be expunged in Maryland after the 2025 reform?

The Expungement Reform Act of 2025 expanded the list of misdemeanor convictions eligible for expungement to include driving without a license, cashing bad checks, and possession of a stolen credit card. The law also removed the automatic disqualification for probation violations and introduced shorter waiting periods. Cannabis convictions pardoned by the Governor are being removed from the public Judiciary Case Search as of January 31, 2026.

Can a Maryland landlord deny housing based on a criminal background check?

Sometimes, but the sequence now matters. Maryland's Fair Chance Housing Act (Senate Bill 937, Chapter 752) took effect on October 1, 2026 and applies to landlords that manage or own five or more residential rental units in the state. A covered landlord may not ask about criminal history before extending a conditional offer, apart from a short list of offenses named in the statute. After a conditional offer the landlord may run a check and withdraw the offer only for a felony under the Criminal Law Article within the previous five years, an undisclosed conviction from that pre-offer list, or an equivalent out-of-state or federal conviction, and only if the withdrawal is necessary to fulfill a substantial, legitimate, and nondiscriminatory interest. The landlord must give written reasons and allow the applicant to request a reassessment. Violations carry a civil penalty of up to $500 each. FCRA consent and adverse action rules still apply.

How much does a Maryland criminal background check cost?

A combined state and FBI background check through the CJIS Central Repository costs $51.25 when submitted through a government-operated service. Through a private fingerprinting provider, the state fee is $30.00 plus an additional fee set by the provider. New fingerprints are required for each background check request. Contact CJIS Customer Service at 410-764-4501 or 1-888-795-0011 for appointments.