Maryland Background Checks | NCS

Accessing Criminal Records

In Maryland, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.

Employers are prohibited from asking about or considering arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.

The Job Applicant Fairness Act prohibits Maryland employers from using a candidate’s credit report to deny employment, terminate employment, or determine compensation or other terms of employment. Exceptions are allowed where required by state or federal law, for certain banks and credit unions, and for investment advising entities registered with the Securities and Exchange Commission. 

Employers can request a credit report or credit history if 1) an offer of employment has been made and 2) the employer has a bona fide, job-related reason for seeking the information and informs the applicant in writing of the request. Employers are assumed to have bona fide reasons for requesting credit reports for:

• Managerial jobs
• Jobs that have access to employees’ or customers’ personal information
• Jobs that have access to confidential business information such as trade secrets
• Jobs that provide expense accounts or corporate credit cards