Background check basics for HR in Maryland.
Maryland background checks: 7 years (fcra default), disclosure and authorization mechanics, and the state statutes that layer on top of FCRA.
What changes in Maryland
- Report lookback: 7 years (FCRA default). Maryland follows FCRA. Shielded and expunged records under MD Crim. Proc. Art. §10-301 must be suppressed.
- Ban-the-box: Statewide (15+ employees; Md. Code Lab. & Empl. §5-1301). Criminal-history inquiries are prohibited before the first in-person interview. Baltimore, Montgomery County, and Prince George's County have stronger local rules.
- Salary history: Banned. Md. Code Lab. & Empl. §3-304.2 prohibits salary-history inquiries and requires wage-range disclosure on request.
"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Maryland."
Ask this in Ask HR AIPractitioner steps for Maryland
- Step 1. Use the Maryland report lookback correctly: 7 years (FCRA default).
- Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any MD-specific consent language required.
- Step 3. Respect the Maryland ban-the-box trigger (Statewide (15+ employees; Md. Code Lab. & Empl. §5-1301)) before running any criminal search.
- Step 4. Check MD statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.
Applicable Maryland statutes and references
- Md. Lab. & Empl. §5-1301
- Md. Lab. & Empl. §3-304.2
- MD Crim. Proc. Art. §10-301
- 15 U.S.C. §1681 et seq. (federal FCRA)
Frequently asked (federal + Maryland overlay)
Do I need a separate FCRA disclosure?
Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.
Can I include a liability release in the disclosure?
No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.
How current does authorization need to be?
One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.
Related Maryland topics
- FCRA adverse action in Maryland
- Ban-the-Box and Fair Chance hiring in Maryland
- Wage and hour in Maryland
- Leaves and accommodations in Maryland
Same topic in another state
- Background check basics for HR in Alabama
- Background check basics for HR in Alaska
- Background check basics for HR in Arizona
- Background check basics for HR in Arkansas
- Background check basics for HR in California
- Background check basics for HR in Colorado
- See all states
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Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.