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Conducting Criminal Record Checks in Maryland

Filed under Office & HR.

Employers in Maryland are permitted or required to conduct criminal record checks in accordance with these rules.

Employers may require certain current and prospective employees to undergo a criminal history records check as a condition of employment.

Employers may not require an applicant to disclose information concerning criminal charges against him that have been expunged. In answering questions concerning criminal charges that have not resulted in a conviction, or concerning convictions pardoned by the Governor, applicants need not address charges that have been expunged. An employer may not discharge or refuse to hire a person solely because of the person's refusal to disclose information concerning criminal charges that have been expunged.

Before an eligible employee may begin work for a Maryland adult dependent care program, the program must apply for a state criminal history records check or request a private agency to conduct a background check. As part of the check, eligible employees must submit a complete set of legible fingerprints. The adult dependent care program may also require an alcohol or controlled dangerous substance test. For these purposes, the definition of employee does not include an individual delivering or retrieving medical equipment.

Before the first day of employment or the first day of actual operation of the facility, employers and employees of the following facilities in Maryland must apply for state and federal criminal background checks, including a complete set of fingerprints:

  • child care centers
  • homes and institutions
  • family care centers
  • juvenile detention, correction or treatment facilities
  • certain private schools
  • foster care home or group facilities
  • recreation centers for minors

Background check applications may be filed at any law enforcement office in the state.

Certain private schools are prohibited from hiring or retaining any employee who works with or has access to students and who the school knows has been convicted of certain crimes involving child sexual abuse and crimes of violence.

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