Maryland Background Check
Background checks prior to employment in Maryland are an essential element of the majority of businesses' hiring procedures in Maryland. Human resources and business owners professionals are aware of how crucial it is to locate skilled, qualified employees.
But, conducting a thorough and precise Maryland background check involves more than just checking the references supplied by an applicant or conducting online searches.
Employers must instead adhere to regulations of the Fair Credit Reporting Act and other federal and state laws when conducting background checks for the purpose of hiring in Maryland.
To comply with the regulations and laws when you are completing Maryland background checks for employees You will need keep up-to-date with any changes to the law in the event of changes and have access to the correct kinds of resources to collect the data you require.
The Koleman Group LLC, we are familiar with all the essential laws and rules which govern the screening procedure in Maryland and we have conducted background checks for companies based within Baltimore, Annapolis, Columbia, Silver Spring, and many more.
To assist you in understanding the conditions to conduct the requirements for a Maryland background check for employment We have prepared this summary of the Maryland screening process prior to employment which can be an aid to the hiring process.
Maryland Background Check Laws in 2021
Companies that conduct consumer reports (CRAs) as well as employers in Maryland must follow federal, state and local laws that govern Maryland background check.
The laws govern the kinds of records that CRAs, like The Koleman Group LLC can collect and share and the ways employers can utilize background screening for employment reasons.
Employers who fail to adhere to the law could face significant penalties and possibly even lawsuits.
The most important laws Maryland employers must be aware of in conducting pre-employment checks on background in Maryland are listed below.
Federal Laws on Employment Background Checks
The two major federal laws that govern screenings are called the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964 that are discussed in the following article.
The law was passed in the year 1970. FCRA is a broad law that is designed to protect the privacy of consumers' personal information, which includes information that is collected and reported in the Maryland background checks required prior to hiring.
The kinds of information that CRAs are able to collect and report is limited. Employers are also restricted in how they utilize the data they get to decide on hiring.
The FCRA has a seven-year viewback period of seven years. CRAs are not able to provide information on judgment lien, civil lawsuits, bankruptcies, or collections accounts that are more than seven years old. They cannot also make public information regarding arrests of older than seven years that didn't result in convictions.
A loophole to the seven-year time-to-review period applies to jobs with minimum salaries of $75,000. The time limit is not applicable on criminal cases.
Employers who wish to conduct background checks prior to hiring in Maryland should inform their applicants in writing about their plans prior to conducting background checks on employees. Candidates must provide a signed consent prior to the process being able to be started.
If the results of a Maryland background check reveals negative information about a potential candidate the employer must comply with the FCRA's process for adverse actions before the final hiring decision can be taken. Infractions to these regulations can lead to a significant liabilities, fines as well as other punishments.
The Equal Employment Opportunity Commission (EEOC) is the agency that is responsible in establishing and enforcing the regulations pursuant to Title VII of the Civil Rights Act of 1964. Title VII is the most important federal anti-discrimination statute that bans discrimination at work due to the protected status of employees and applicants.
Employers must adhere to the requirements that are in Title VII when they hire individuals. If the pre-employment background check in Maryland reveals that the person is a suspect on the history The employer has to complete an assessment on their own of how the conviction is related to the particular job prior to choosing whether to employ the candidate based on the information.
Maryland State Laws on Employment Background Checks
In the form of COMAR SS 09.03.07 and Md. Code Ann. SS 14-1201 and et al. The CRAs have to register in the Maryland Department of Labor by January. 1 each year prior to conducting background checks for pre-employment within the state. Re-registrations are only required if the information has changed from the registration prior to.
Under Md. Code Ann. SS 14-1203, the CRAs are able to not declare bankruptcy filings that are older than 10 years. They cannot also declare the civil judgements or civil lawsuits taxes liens paid, arrests or convictions more than seven years old. However there is a salary exemption of $20,000 which means that positions that pay salary of more than $20,000 are not restricted by these time limits.
Under Md. Code Ann. SS 14-1204: Consumers can seek a disclosure of their file in writing. Employers must issue an informational notice of rights as well as an announcement about the probe in writing to candidate within 5 days. Notice of rights should include details of the applicant's name and contact number and the number for The Commissioner from the Department of Labor.
Under Md. Lab. & Emp. Code SS 3711 Employers cannot make use of a credit report on an applicant to reject the employment offer, determine compensation or to discharge an employee. But, employers can solicit a credit check following an offer of employment.
This law allows employers to utilize credit reports for legitimate purposes that directly relate to the job if the employer is required to disclose it to the candidate in writing.
Employers who request credit reports in accordance with the law of either federal or state banks, credit unions and other organizations licensed by the Securities and Exchange Commission are exempt from these requirements.
The positions that can be deemed to be legitimately used include:
- Managerial roles
- The positions for which employees has a company bank card or credit, or access to the corporate accounts
- Employees who are employed has access to company's trade secrets, as well as other intellectual property
- Employees who are employed is granted access to company's other sensitive information
Maryland's Ban the Box Law
Maryland has ban-the-box laws that apply to employers in the public sector. It was that was passed in 2013 under the name 2012 SB 671. The law states that state employers are not allowed to inquire about a candidate's criminal record up to the time of the first interview, or after an interview opportunity has been granted.
In 2020 In 2020, the Maryland Senate defeated Governor. Hogan's veto over the state ban-the-box law that applies to private companies. The statute, SB 839, forbids employers with more than 15 employees from asking about a candidate's criminal record prior to conducting a first interview.
Montgomery County passed Bill 36-14 in 2014. It is a ban-the box law which applies to both public and private sector employers that have fifteen or more workers. The law prevents employers from soliciting information about criminal history up to the point of interview.
In December. 2020 the county adopted Bill 35-20. This local rule widened the ban-the-box provisions in Bill 36-14 to encompass employers with at least one employee. Employers operating in the county are be unable to inquire about the first misdemeanor convictions at least three years old and first convictions for trespassing or disturbing the peace or second-degree assault, or arrests that are that do not result in a conviction or expunged documents.
Maryland's Social Media Law
Maryland employers are not permitted to soliciting employees or applicants to divulge their passwords for social media or usernames, nor do they allow login access to social media accounts under Maryland. Lab. & Emp. and Emp. SS 3-712.
What's on an Maryland background screening?
What will appear on what might be found on a Maryland background check? The information on a Maryland background check will vary, dependent on the types of reports required. Employers have the option of choosing from a wide range of types of background checks when they work together with The Koleman Group LLC for customized information.
Although the types of information can differ the majority of companies in Maryland require criminal history data, job history data as well as educational data in their pre-employment screenings.
Here's what could appear in these kinds of reports.
If a candidate has a criminal history The following details will be listed on the pre-employment criminal history report:
- Case number
- Date of arrest
- Date of disposition
- If the offense was a misdemeanor or a felony
If you require verification of employment to confirm the employment history data submitted by applicants, you'll be able verify their employment dates with each employer, the companies who employed the applicants as well as the jobs they were employed in.
The verification of your candidates' details of employment can allow you determine if they are reliable and competent. This will help you lower the chance of hiring lawsuits.
Education verification will reveal the certificates as well as diplomas and degrees obtained by job-seekers. When you apply for education verification You will find the following kinds of information in the Maryland background check to apply for work:
- Every educational institution that was attended by students.
- Dates of attendance
- Diplomas, degrees, and certificates awarded
- The process of completing an education verification will allow you to ensure that your applicants are genuine and capable of assuming the positions you require.
How Long Does a Background Check Take within Maryland?
The time frame that is covered by the background check in Maryland is subject to the lookback period that are a part of the FCRA as well as Maryland's law. Certain kinds of information that are older than seven years old are not considered to be part of an employment background check.
There is no details about arrest records or lawsuits, tax liens, civil judgements or collections balances that are 7 or over years in the past. In accordance with Maryland law, bankruptcy filings which predate an background check by 10 or more years won't be disclosed.
Maryland also prohibits CRAs from releasing the arrest record, an indictment or convictions more than seven years old. However there is a salary limit. If the position you're hiring pays over $20,000 this kind of data can be disclosed.
The salary limit of the FCRA of $75,000. The kinds of information that are not disclosed for positions that pay less than $75,000 are arrests that do not result in convictions or the filing of civil judgements and liens or collection accounts more than seven years old. The FCRA doesn't contain an obligation to report of records from convictions. However, if an employment is paid less than $20,000 annually employers must adhere to the limitations imposed in Maryland's laws.
Other kinds of information that are relevant to be used in pre-employment screenings are not restricted. In addition, the FCRA as well as Maryland's State laws do not stipulate a limit on the length of time that information regarding the applicant's education, work experience or qualifications can be disclosed. When you conduct the background check for employment in Maryland it is possible to view the information you need regardless of the age it may be.
How do I get an Background Checks in Maryland
The Maryland Department of Public Safety & Correctional Services is accountable to maintain the central repository for the state's criminal records. In order to conduct a criminal background check on an applicant in Maryland employers will need to first fill out and send a private petition with the DPSCS and await approval.
If they are approved, employers must then require the applicant provide fingerprints in order to get an official background check report. The report will only provide criminal history details in Maryland and does not contain details about education and employment records, driving records or any other crucial background checks.
Some websites offer the possibility of free Maryland background screening. Don't be relying on the information supplied by these companies.
In the majority of cases the data provided by vendors on the internet that promise free reports are often incomplete, outdated, or not FCRA-compliant. If you depend on the information that is gathered this way your business could be subject to penalties and liability.
The most efficient method to conduct an Maryland background check for employment is to partner with an established, full-service fully-compliant FCRA employment background check provider like The Koleman Group LLC.
Our reports are complete, current as well as accurate. we always adhere to the FCRA and other applicable laws.
What is the Cost of an background check cost in Maryland?
If you want to conduct the employment background check from the DPSCS in Maryland You will be required to pay $18 to get the background check.
Fingerprinting can cost you an additional $20 cost. This type of report does not contain the other vital background check information that you require for your job however.
If you decide to send requests to several institutions, businesses and agencies by yourself, conducting an background check for an applicant is costly and lengthy.
It is best to use an FCRA-compliant, reliable and trustworthy background check provider like The Koleman Group LLC.
We provide customized background screenings in Maryland which allows you to choose the types of background information that you require to fill your job.
In The Koleman Group LLC, you can choose from a variety of different plans at different cost levels. We also offer a range of types of clinical and reports, such as the pre-employment drug test.
Businesses that purchase more than 50 background checks annually can get huge volume discounts. Contact us today to find out more about our products and services, and get a an estimate for free.
What is the time it will Take to Have a Background Check Done within Maryland?
The time required to complete the processing of a background check report will depend on the method you use to manage your screening process for employment.
If you make a request by way of the State, you'll first need to wait for the acceptance of your private petition. After you have been approved, your report could be completed in 10 days after the agency receives your fingerprint card as well as your request.
If you attempt to conduct an background check on your own this process could take longer and can take several weeks.
Since hiring decisions depend upon your capacity to take speedier hiring decisions, you must look into partnering with a trustworthy third-party vendor like The Koleman Group LLC. We provide extremely fast turnaround times and typically provide reports within a couple of hours.
The Koleman Group LLC Your trusted partner for Fast and Accurate Compliant Maryland Background Exams
Conducting current, accurate and FCRA-compliant background checks prior to hiring is essential to the successful operation of Maryland companies. It is essential to have an excellent access to relevant documents for each applicant's job qualifications, credentials, education, criminal background, as well as other crucial background information.
If you partner together with The Koleman Group LLC, you'll gain wide access to the most current databases as well as other sources. Our staff members are well-trained and are able to swiftly analyze and gather crucial information about the screening process for job candidates in Maryland.
The Koleman Group LLC is a family-owned business. The Koleman Group LLC, our customers are the most important thing to us. We are based in the United States and do not off-shore our services. This ensures the confidentiality and security of the sensitive data we manage for our customers. If you have any issues or queries, we're ready to assist you.
Contact The Koleman Group LLC today to schedule a no-obligation complimentary consultation. You will also find out what we could do to aid your business enhance its hiring process.
Disclaimer: The information and resources offered on this site are intended for educational use only and are not legal advice. Talk to your lawyer should you have any legal questions regarding your particular practices and the compliance with applicable laws.
Written on 2021-02-01 18:17:37 by larry coleman