An Employer’s Guide to Maryland Background Checks

When it comes to finding the perfect employee, it’s not just about matching skills. It’s about trust and safety—it’s about being sure that the person you’ve chosen will fit into an existing team. As with every state, Maryland background checks are a critical part of that process, but they come with strict regulations governing how employers can collect and use background information. This isn’t an area where you want to make a misstep with legal troubles, fines, or even discrimination claims waiting for those who shy away from compliance. So, what do you need to know? Let’s take a look. 

What Is a Maryland Background Check?

A Maryland background check serves the same purpose as any other: to ensure employers have chosen an appropriate candidate by providing an extensive look into an applicant’s past. It’s about ensuring that the person who walks through the door on Day 1 for their onboarding is qualified, trustworthy, and not a potential risk to your workplace. 

Background checks can verify credentials, confirm work history, and uncover any red flags that might make an employer hesitate. Different industries and employer preferences require different types of background checks, ranging from basic employment verification to complete criminal history reports, financial background checks, and even drug testing. 

So why is all this important? Ensuring you choose the right candidate not only makes good business sense—bad candidates tend not to reflect well on a company’s bottom line—but there’s also the legal obligation to those already working for the company. 

Negligent hiring lawsuits aren’t something you hear too much about, but they certainly happen. A bad hire can have a catastrophic effect on a company and its workforce, so it makes sense to get it right. A solid background check helps businesses avoid hiring individuals who might pose a threat to customers, employees, or company assets. 

But there’s no one-size-fits-all. The level and complexity of a Maryland background check depend on the industry involved and the extent to which an employer wishes to go. Yet, whether you want to run a standard, entry-level check or go as deep as you’re legally allowed, it’s about staying on the right side of the state’s regulations, getting the proper permissions, and using the information found wisely.

What Does a Background Check Show in Maryland?

It all depends on the level and intensity of the screening. Background checks are typically more extensive for positions in finance or jobs working with vulnerable individuals in the healthcare industry, while others may only need basic employment verification. However, regardless of the screening level, Maryland employers must tread carefully, particularly regarding credit history and criminal records. 

What Employers Can Check

• Criminal Records – Employers can review felony and misdemeanor convictions, but Maryland law limits access to older records and certain expunged offenses. Generally, arrests without conviction cannot be used in hiring decisions. Under Ban-the-Box laws, employers cannot ask about criminal history on job applications and must wait until after a conditional job offer to conduct a criminal background check.
• Employment History – Checking previous jobs, titles, and dates of employment to ensure the accuracy of a candidate’s resume is OK, but reasons for leaving or re-employment eligibility depend on the other company policies. You can legally ask a candidate why they left a certain position – though they don’t need to tell you. 
• Education Verification – For most jobs, confirming a candidate’s degree, diploma, certification, or institution attended is regulation, and employers in Maryland don’t face any additional roadblocks here. 
• Professional Licenses – For jobs that require a state-issued license, such as nursing, accounting, or real estate, employers usually verify that the candidate’s license is active, valid, and in good standing. This is also an area where potential red flags might appear, as licensing boards will reveal any disciplinary actions taken against the applicant.
• Credit Reports – This is where things get more tricky. Employers cannot use credit history unless the job involves financial responsibility, managerial duties, or handling sensitive data. If a credit check is necessary, employers must notify the applicant and obtain written consent before proceeding.
• Driving Records – An in-depth look at an applicant’s driving history for positions that require operating a vehicle, such as delivery drivers or commercial truck operators, is fairly standard across the U.S., and Maryland is no different. These searches, done through Maryland’s Motor Vehicle Administration (MVA), will include traffic violations, license suspensions, and DUIs. 
• Civil Court Records – As with general criminal checks, employers need to be wary when attempting to access civil court records. Generally, the only positions that allow checks in Maryland are in the finance sector, and even then, only for higher-level jobs. These checks can look into civil litigation history, including lawsuits, liens, or judgments that may indicate financial instability or past legal disputes, but only if they’re relevant to the positions being applied for.
• Sex Offender Registry – One area where Maryland is as free and open as anywhere else in the US is when it comes to checking state and national sex offender registries, particularly for jobs involving children, healthcare, or positions of trust. Most information is open to the public here, except for social security numbers and fingerprints. 

How Far Back Can a Background Check Go in Maryland?

Maryland uses the 7-year rule, which means anything older than 7 years cannot be considered, while any bankruptcy older than 10 years is effectively forgotten. The 7-year rule primarily applies to criminal records, civil suits, tax issues, and other financial information. However, there are exceptions. Employers may be able to look further back for positions with salaries over $75,000 per year or in finance, law enforcement, healthcare, and other regulated industries.

Employers should also be aware of expunged or sealed records, which cannot be considered in hiring decisions. Expunged information relates to records that have been effectively erased, for example, an arrest that didn’t lead to a charge or conviction. In contrast, sealed records are pieces of information that a court has deemed should be kept under wraps, perhaps for a certain period or even indefinitely. This might include certain juvenile offenses or sensitive information. Law enforcement can see sealed records, and courts can apply for their opening, but this information would rarely be unsealed for a background check.

One area where older records might still surface is direct employer inquiries. Background screening services need to maintain the seven-year limitation, with certain exceptions, but there’s nothing against the law in Maryland about directly asking an applicant about their history beyond this limit. However—and to complicate things further—Maryland law restricts how this information can be used in hiring decisions.

For most employers, the seven-year rule keeps background checks focused on recent, relevant information. While certain exemptions to this law exist, employers must prove that they require more in-depth screening.

How Long Does a Maryland Background Check Take?

The time needed for a background check always depends on the type of screening, where the information is coming from, whether it’s digital or manually pulled, and whether complications arise that require double-checking. Typically, standard background checks in Mayland take two to seven business days.

Criminal background checks are usually fast, returning results within 24 to 48 hours. However, county-level criminal record searches can take much longer—up to a week or even longer—especially if they require manual record retrieval. Employment and education verification often takes the longest because you can be at the whim of a third party who might not prioritize the check as quickly as you do. 

Processing times for positions that require professional license verification depend on the licensing board. Some boards provide instant online validation, while others respond in three to five business days. Credit checks are among the fastest components in a background screening and usually come back in a day or so, while driving records may take one or two days longer. However, remember that backlogs within the Motor Vehicle Administration aren’t uncommon. 

Maryland Background Check Laws & Requirements

If you’re an employer in Maryland and you’re scratching your head in confusion, don’t worry—it’s complex. Employers must navigate this web of regulation if they’re to do the checks themselves; otherwise, using reputable background screening services can significantly speed up the process and ensure 100% compliance. Below are the most important legal considerations employers must keep in mind when conducting background checks in Maryland.

Maryland Ban-the-Box Law

The ban-the-box law prevents employers from inquiring about a criminal history before submitting a job offer. The idea is to give all applicants a fair chance at employment without being immediately disqualified due to their criminal record. Some industries, such as law enforcement, childcare, and healthcare, are exempt from this law due to their specific safety requirements. 

As of 2024, 37 U.S. states and over 150 cities and counties have implemented “Ban the Box” policies to provide fair employment opportunities by removing criminal history questions from job applications. Notably, 13 states have extended such laws to include private employers, ensuring that both public and private sector job seekers benefit from these fair chance hiring practices.

The Maryland Consumer Reporting Act (MCRA)

The Maryland Consumer Reporting Act(MCRA) regulates how consumer reporting agencies (CRAs) use information during hiring. It states that all information provided is accurate, up-to-date, and relevant to employment screening, but also—and this is the important part—that applicants must be informed if prospective employers intend to take adverse action based on the background screening results. Specially, they are required to: 

• Provide the applicant with a copy of the report.
• Give the applicant a summary of their rights under the MCRA and FCRA.
• Allow the applicant an opportunity to dispute inaccuracies before finalizing the decision.

The Fair Credit Reporting Act (FCRA) and Its Role in Maryland

The Fair Credit Reporting Act(FCRA) is a federal law regulating background checks. It means that employers must inform a candidate in writing that a background check will be carried out, obtain their written consent, and give them a chance to review and dispute any inaccuracies before making a final decision. 

Credit Check Restrictions in Maryland

Under Md. Lab. & Emp. Code § 3-711, employers in Maryland are prohibited from using credit report information when making hiring decisions. However, if the position requires financial responsibility, executive-level decision-making, or access to trade secrets or classified information, there may be an exception. This can be tricky to navigate, so having a reputable background screening service behind you is crucial. 

Maryland’s Employee Privacy Law

Online privacy laws have become a raging debate, especially when it comes to hiring. Do employers have the right to investigate a candidate’s social media history? In Maryland, yes and no. While there’s nothing that says a company cannot look at what information is publicly available, under Md. Lab. & Emp. Code § 3-712, businesses cannot require job applicants or employees to share social media login credentials or usernames or grant direct access to their private accounts. 

Applicant Disclosure Rights in Maryland

In Maryland, job applicants can request their background check information under Maryland Md. Code Ann. § 14-1204. If a written request is submitted, an employer must provide a written disclosure outlining the details of the investigation within five days. As well as the personal information found, employers are also required to give applicants a notice of their rights, which must clearly state:

• The name and contact details of the Commissioner of the Department of Labor.
• A phone number where the Commissioner can be reached.

This means that applicants are fully aware of what has been uncovered during a background screening and have a direct route to seek clarification or dispute inaccuracies.

Fingerprinting and Background Checks for Certain Jobs

For most jobs in Maryland, employers can forget about going as far as fingerprinting, as this generally goes beyond what the state considers acceptable checking. However, certain industries are exempt and allow fingerprint-based background checks instead of traditional name-based screenings. These include: 

• Healthcare workers
• Teachers and school employees
• Childcare providers
• Law enforcement officers and security personnel
• Government employees handling sensitive information

Maryland employers face fines of up to $10,000 for hiring discrimination and $2,500 for background check violations. Misuse of credit history in hiring can also lead to legal action.

Frequently Asked Questions

What Is the 7-Year Rule for Background Checks in Maryland?

Maryland’s seven-year rule for background checks means that anything older than seven years is usually not considered in the screening. This includes felony and misdemeanor convictions, tax issues, judgments, and accounts in collection. However, there are some exceptions. Positions that require financial responsibility pay more than $75,000 annually or are in regulated industries may require more extensive background screenings.

Final Thoughts

Mayland’s background check laws may seem needlessly complex, but they’re designed to balance employer interests with applicant rights, which isn’t always easy. In theory, all hiring practices are fair, non-discriminatory, and legally compliant, which we can all agree are positives. 

Working with a trusted background check provider, like ScoutLogic, is essential for Maryland employers who want to streamline the hiring process while staying compliant. The state’s various laws and regulations create a veritable minefield of potential legal issues, so having somebody with you who knows the ropes and how to stay on the right side of the line is so important. 

ScoutLogic specializes in fast, reliable, and legally compliant background checks, helping businesses make informed hiring decisions without risking compliance violations. Take the worry out of the hiring process in Maryland. You search for the right candidate, and we’ll do the rest.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.