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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to public and private employers. Criminal Record Screening Practices Act, 2020
Employers in Maryland with 15 or more employees must refrain from inquiring about applicants’ criminal backgrounds prior to interviewing them in person. Employers may inquire about an applicant’s criminal history during the first in-person interview; however, preliminary phone screenings or phone interviews do not count as “in-person” under the law. Employers that provide services to vulnerable populations are exempt from the law, as are employers that are required to do background checks under federal law.
In addition, according to Maryland Criminal Procedure § 10-109, neither public nor private employers may require applicants to disclose expunged criminal information. A person is not required to disclose expunged criminal charges. Refusal to disclose may not be used as the only reason for discharging or refusing to hire a person.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Maryland Commission on Human Relations
Conviction record inquiries
Maryland Commission on Human Relations
Regulations
Employer Immunity from disclosure claims
Maryland Code 5-423, same — Disclosure of information regarding employee or former employee
Arrest record inquiries
Maryland Code 10-109, Prohibited Acts
Conviction record inquiries
Maryland Code 10-109, Prohibited Acts
Code of Maryland Regulations 09.01.10.02, Standards
Social media information
Maryland Code, Article — Labor and Employment, Section 3-712, User name and password privacy protection and exclusions
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.