Can an employer in Maryland ask about my criminal record on a job application?

If the employer has 15 or more employees, no — they cannot ask about criminal history until after the first in-person interview. Smaller employers (under 15 employees) are not covered by this law and may ask at any point. Some regulated industries may be exempt from the ban-the-box law.

Will an arrest that didn't lead to a conviction show up on a Maryland background check?

No. Maryland law (Md. Code, Com. Law § 14-1203(a)(4)) prohibits consumer reporting agencies from including arrest records that did not result in a conviction. This is one of the stronger protections Maryland offers.

Does Maryland have automatic expungement or Clean Slate?

Not yet. As of early 2026, Maryland does not have a Clean Slate law for automatic record sealing. However, petition-based expungement is available for certain offenses. Legislative efforts have been ongoing, and advocacy groups continue pushing for automatic sealing of eligible records.

What records can be expunged in Maryland?

Maryland allows expungement of acquittals, nolle prosequi, stet dockets, probation before judgment (after 3 years), and certain misdemeanor and nuisance offenses. Some felonies are not eligible. The process requires filing a petition with the court where the case was handled.

Does the $20,000 salary exception really matter?

For most job seekers, no. Since the federal minimum wage and Maryland's state minimum wage both put full-time earnings well above $20,000/year, the 7-year lookback effectively doesn't apply to most positions. If you're applying for a full-time job in Maryland, assume your full conviction history may be visible to potential employers.

Can a Maryland employer deny me a job based on my criminal record?

Maryland does not have a blanket prohibition on using criminal history in hiring decisions. However, employers should consider the relevance of the offense to the position, how much time has passed, and evidence of rehabilitation. Using criminal history to discriminate on the basis of race may violate Title VII of the Civil Rights Act.

How do I get a copy of my Maryland criminal record?

You can request your criminal history through the Maryland Department of Public Safety and Correctional Services (DPSCS). You can also request a copy through the Criminal Justice Information System (CJIS) Central Repository. There may be a small fee for processing.

Maryland Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

Maryland has a 7-year lookback on convictions, but only for jobs paying under $20,000/year — meaning most employers can see your full conviction history. Arrest records cannot be reported. Ban-the-box applies to employers with 15+ employees.

Overview

Maryland has a complicated background check landscape. On paper, the state limits reporting of convictions to seven years — but only for positions paying under $20,000 per year (Md. Code, Com. Law § 14-1203(a)(5)). Since most jobs exceed that threshold, convictions can effectively be reported indefinitely for the vast majority of applicants. However, Maryland does prohibit reporting arrest records entirely, which is a meaningful protection. The state also has a ban-the-box law covering private employers with 15 or more employees, delaying criminal history inquiries until after the first in-person interview.

How Far Back Does a Background Check Go in Maryland?

Record Type	Rule in Maryland
Felony Convictions	Same as convictions. Felonies can be reported indefinitely for positions paying $20,000/year or more. For lower-paying positions, felony convictions older than 7 years cannot be reported.
Misdemeanor Convictions	Same as convictions. The 7-year limit applies only to positions paying under $20,000/year. For most jobs, misdemeanor convictions can be reported without time limit.
All Convictions	7-year limit applies ONLY for positions paying under $20,000/year (Md. Code, Com. Law § 14-1203(a)(5)). For jobs paying $20,000 or more — which includes nearly all positions — convictions can be reported indefinitely.
Arrests (No Conviction)	Arrest records that did not result in a conviction are PROHIBITED from being reported by consumer reporting agencies, regardless of how recent the arrest was (Md. Code, Com. Law § 14-1203(a)(4)).
Pending Cases	Pending criminal cases can generally be reported since the FCRA does not restrict pending matters and Maryland law does not specifically prohibit their inclusion.
Salary Threshold	$20,000/year. If the position pays $20,000 or more annually, the 7-year lookback does not apply and convictions can be reported indefinitely.

Ban the Box / Fair Chance

Yes — covers private employers

Maryland's ban-the-box law applies to private employers with 15 or more employees. Employers cannot inquire about criminal history until after the first in-person interview. The law does not apply to positions where a criminal background check is required by law, or to employers in the criminal justice system.

Effective: 2020-02-29

Clean Slate / Auto-Sealing

No Clean Slate law

Maryland does not currently have a Clean Slate (automatic record sealing) law. Advocacy groups pushed for Clean Slate legislation during the 2025 legislative session, but no law has been enacted as of early 2026. Maryland does allow petition-based expungement for certain offenses under Md. Code, Crim. Proc. § 10-105.

What Employers Can Do in Maryland

When can employers ask about criminal history?: For employers with 15+ employees: after the first in-person interview. For employers with fewer than 15 employees: at any point in the hiring process. Some industries (law enforcement, childcare, healthcare) may require background checks at specific stages regardless.
What can they consider?: Employers can consider conviction history for jobs paying $20,000+ per year without time limitation. For lower-paying positions, only convictions within the past 7 years. Arrest records without convictions cannot be considered. Employers should consider the nature and gravity of the offense, time elapsed, and relevance to the job.
Individualized assessment required?: No state requirement for individualized assessment, though EEOC guidance recommends it.

Key Laws in Maryland

Maryland Fair Employment Practices Act (Ban-the-Box)(2020)
Prohibits employers with 15 or more employees from requiring applicants to disclose criminal history until after the first in-person interview.
Maryland Consumer Reporting Act (Md. Code, Com. Law § 14-1203)
Restricts reporting of criminal convictions to 7 years for positions paying under $20,000/year and prohibits reporting of arrest records not resulting in conviction.
Maryland Expungement Law (Md. Code, Crim. Proc. § 10-105)
Allows individuals to petition for expungement of certain criminal records, including acquittals, nolle prosequi dispositions, stays (stet), probation before judgment, and certain misdemeanors and nuisance crimes.

Frequently Asked Questions — Maryland

How far back does a background check go in Maryland?: It depends on the salary. For positions paying under $20,000/year, consumer reporting agencies can only report convictions from the past 7 years. For positions paying $20,000 or more per year — which covers the vast majority of jobs — there is no time limit and convictions can be reported indefinitely. Arrest records that did not lead to a conviction cannot be reported regardless of pay level.
Can an employer in Maryland ask about my criminal record on a job application?: If the employer has 15 or more employees, no — they cannot ask about criminal history until after the first in-person interview. Smaller employers (under 15 employees) are not covered by this law and may ask at any point. Some regulated industries may be exempt from the ban-the-box law.
Will an arrest that didn't lead to a conviction show up on a Maryland background check?: No. Maryland law (Md. Code, Com. Law § 14-1203(a)(4)) prohibits consumer reporting agencies from including arrest records that did not result in a conviction. This is one of the stronger protections Maryland offers.
Does Maryland have automatic expungement or Clean Slate?: Not yet. As of early 2026, Maryland does not have a Clean Slate law for automatic record sealing. However, petition-based expungement is available for certain offenses. Legislative efforts have been ongoing, and advocacy groups continue pushing for automatic sealing of eligible records.
What records can be expunged in Maryland?: Maryland allows expungement of acquittals, nolle prosequi, stet dockets, probation before judgment (after 3 years), and certain misdemeanor and nuisance offenses. Some felonies are not eligible. The process requires filing a petition with the court where the case was handled.
Does the $20,000 salary exception really matter?: For most job seekers, no. Since the federal minimum wage and Maryland's state minimum wage both put full-time earnings well above $20,000/year, the 7-year lookback effectively doesn't apply to most positions. If you're applying for a full-time job in Maryland, assume your full conviction history may be visible to potential employers.
Can a Maryland employer deny me a job based on my criminal record?: Maryland does not have a blanket prohibition on using criminal history in hiring decisions. However, employers should consider the relevance of the offense to the position, how much time has passed, and evidence of rehabilitation. Using criminal history to discriminate on the basis of race may violate Title VII of the Civil Rights Act.
How do I get a copy of my Maryland criminal record?: You can request your criminal history through the Maryland Department of Public Safety and Correctional Services (DPSCS). You can also request a copy through the Criminal Justice Information System (CJIS) Central Repository. There may be a small fee for processing.

Maryland Resources

Maryland Judiciary — Expungement Information
Official Maryland courts page with forms, instructions, and eligibility information for expungement of criminal records.
Maryland Legal Aid
Free legal assistance for low-income Marylanders, including help with expungement petitions and understanding your rights regarding criminal records.
Maryland DPSCS — Criminal History Records
Maryland Department of Public Safety and Correctional Services page for requesting your own criminal history records.
Job Opportunities Task Force (JOTF)
Baltimore-based nonprofit advocating for policies that help people with criminal records find employment and rebuild their lives.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Maryland for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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