Background Check in Maryland: Your Guide

Lily Evans - December 21, 2024

Background checks in Maryland don’t need to be as confusing as you might think. While background checks can be stressful, they are often a necessary part of screening processes in the state, and almost everyone will need to submit a background check at some point in their life. 

If you know that you need to submit a background check in Maryland, or you’re just wondering about this process, our article can help you out. 

The below guide tells you everything you need to know about Maryland background checks. We get into Maryland background check laws and the process that most people need to follow when requesting your background check report in the state.

What Is a Maryland Background Check?

A Maryland background check is a state-level background check that looks at someone’s history and criminal records. 

With a Maryland background check, only criminal offenses and history within the state of Maryland are shown on the background check report. Separate out-of-state and federal background checks are needed if someone wishes to view a person’s history outside of Maryland.

Maryland background checks may be requested for a variety of reasons, though the most common reason you may be asked to submit this kind of background check is as part of the hiring process.

What Does a Background Check in Maryland Show?

Background checks in Maryland show a variety of different things to the requester. Most of the time, all of the information on the background check is necessary to help someone determine if an applicant is well suited to the role they are applying for.

Information that may be included on your Maryland background check includes:

• Criminal records
• Civil court records
• Personal information, such as your name and contact details
• Address history
• Educational history
• Employment history
• Driving records, in some circumstances
• Arrest records, in some circumstances

Keep in mind that certain types of background checks may be required to access more sensitive information, such as driving records and arrest records. Maryland state laws also limit what can be disclosed on background checks in certain situations. It’s important to understand Maryland state background check laws before agreeing to a background check so you understand your rights.

Why Would I Need to Submit a Maryland Background Check?

There are several main reasons why you might need to submit a Maryland background check. 

As we mentioned above, the most common reason for Maryland background check is as part of the hiring process. Employers and companies use background check reports to screen employees and review their qualifications to ensure that there are no criminal offenses that might disqualify them from a specific job or career field.

When you apply to rental housing or a federal housing program, you may also be asked to submit a background check. Additionally, certain educational programs or professional licensing programs in Maryland may require your background check report.

Is the Information on a Maryland Background Check Public Record?

The majority of information included in the Maryland background check is part of the public record. This means that any member of the public can access this information online or by looking through records at a local courthouse. 

Of course, more sensitive information like your Social Security number and driving records may not be available. Criminal records, civil court records, address history, and select contact information, however, may be visible.

If you ever want to check what someone might see when they look at your Maryland background check, you can always access your own report through something like a people search tool. These tools use public records to provide you with a complete picture of personal information.

Maryland Background Check Laws

Certain laws in Maryland limit what can be shown on the background check and the types of criminal records available to review on background check reports. These laws also work to prevent discrimination for those with criminal records and ensure fairness in the background check process.

Some of the most notable Maryland background check laws include:

• Ban-the-Box Laws: These laws prevent employers and other individuals from requesting details about your criminal record until a first interview or opportunity to interview has been offered.
• Arrest Disclosure Laws: Certain counties in Maryland have laws where employers cannot ask about arrests that did not lead to a conviction or certain misdemeanors that are more than three years old.
• Credit Reporting Laws: Employers in Maryland are not allowed to use an applicant’s credit report to deny hiring an employee or fire an employee.
• Maryland Disclosure Laws: These laws limit the disclosure of certain convictions, arrest records, and civil court issues on background checks to seven or ten years, depending on the job an applicant is applying for.
• Fair Credit Reporting Act (FCRA): This is a federal act that protects the privacy of individuals agreeing to background check reports and ensures consent is given for a background check report.

If you have any questions or concerns about Maryland background check laws, you can review state statutes or federal FCRA laws to ensure you are up to date.

What Is the Process for a Background Check in Maryland?

The process for a background check in Maryland is fairly straightforward. It is important to review these steps to make sure that your rights are being honored and that you are properly prepared for your next background check.

Typically, a background check starts with an employer or another individual requesting this report from you. They will need to obtain your written consent in addition to providing you with a copy of your rights. Once you agree to the background check report, the requester will perform the background check in-house or utilize a third-party service to process your report. 

After your report has been returned to the requester, they will review it to confirm your identity, check your qualifications, and confirm you do not have any concerning items on your records. If you pass the background check, the requester will move you to the next step in their hiring or approval process.

If something on your background check puts you at risk of failing, you will be provided with a notice of adverse action. This is required by law, and it allows you to look at your report and dispute any findings that may lead to failing the background check. It is possible to still be approved or hired by an employer even after receiving a notice of adverse action.

How Long Does a Maryland Background Check Take?

How long a Maryland background check takes depends on the type of background check being processed. The service compiling your background check report, and other external factors, such as a high number of requests slowing down processing, can also influence how long your background check takes.

In general, your Maryland background check will take several business days to a week or two before it is completed. The requester’s review of your report may add another several days to this process.

How Far Back Will a Maryland Background Check Look?

Typically, Maryland state laws limit the lookback period on Maryland background checks to around seven years. This means that no history older than seven years, with the exception of certain financial information such as bankruptcies, can be viewed on your background check report.

It’s important to note that certain types of criminal convictions do last on your report indefinitely unless they have been legally sealed or expunged. Only certain types of criminal convictions are eligible for sealing or expungement.

Can I Hide My Criminal Record on a Maryland Background Check?

Most of the time, it is not possible to hide the details of your criminal record from a Maryland background check. Attempts to give false identities or to misreport your criminal history could land you in trouble, in addition to making you look unreliable to those who request a copy of your report.

That being said, there are limited circumstances in which certain parts of your criminal record can be hidden from a background check. Depending on the criminal conviction on your record, you may be able to work with a legal professional to have your record sealed or expunged.

Sealing hides the details of the criminal conviction from your record, while expungement erases it completely, giving you a clean slate. Some Maryland background check laws may also limit the types of criminal convictions disclosed on your background check report.

What Does It Take to Fail a Background Check In Maryland?

Failing a background check in Maryland is subjective, as every requester may have different standards for what it takes to pass or fail this check. 

In general, a history of violent criminal offenses can disqualify you from certain jobs. Likewise, extensive history of DUIs or other crimes that may disqualify you from careers working with machinery, vehicles, or vulnerable populations. When it comes to housing, a history of evictions and civil court issues may disqualify you from application approval.

If you have questions about what a background check is looking for and what might cause you to fail, you can speak to the requester to learn about their standards for passing a background check.

Preparing for Your Maryland Background Check

Your background check in Maryland doesn’t need to be complicated, and the state background check process is fairly straightforward. Make sure that you understand the steps involved when someone requests a background check from you and that you are informed of your state rights to ensure that this process is fair.