Go Back

Maryland Background Check

Background checks before employment in Maryland are an essential element of most businesses' hiring procedures Maryland. As a result, human resources and business owners professionals know 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.

 

Maryland Background Check

 

Employers must instead adhere to the Fair Credit Reporting Act and other federal and state laws when conducting background checks to hire in Maryland.

To comply with the regulations and laws when you are completing Maryland background checks for employees, You will need to 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.

At The Koleman Group LLC, we are familiar with all the essential laws and rules governing the screening procedure in Maryland. We have conducted background checks for companies 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 before employment, which can aid the hiring process.

Maryland Background Check Laws in 2022

Companies that conduct consumer reports (CRAs) and employers in Maryland must follow federal, state, and local laws that govern Maryland background checks.

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 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 governing screenings are the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964, discussed in the following article.

FCRA

The law was passed in the year 1970. FCRA is a broad law designed to protect the privacy of consumers' personal information, which includes information collected and reported in the Maryland background checks required before hiring.

The kinds of information that CRAs can collect and report are limited. As a result, employers are also restricted in utilizing the data they get to decide on hiring.

The FCRA has a seven-year view back period of seven years. As a result, CRAs cannot 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. In addition, the time limit does not apply to criminal cases.

Employers who wish to conduct background checks before hiring in Maryland should inform their applicants in writing about their plans before conducting background checks on employees. In addition, candidates must provide a signed consent before starting the process.

Suppose the results of a Maryland background check reveal negative information about a potential candidate. In that case, 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 significant liabilities, fines, and other punishments.

Title VII

The Equal Employment Opportunity Commission (EEOC) is the agency that is responsible for establishing and enforcing the regulations under 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 in Title VII when they hire individuals. For example, suppose the pre-employment background check in Maryland reveals that the person is a suspect on the history. In that case, The employer has to complete an assessment of how the conviction is related to the particular job before 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 et al. The CRAs have to register in the Maryland Department of Labor by January. 1 each year before conducting background checks for pre-employment within the state. Re-registrations are only required if the information has changed from the registration before.

Under Md. Code Ann. SS 14-1203, the CRAs cannot declare bankruptcy filings older than ten years. They cannot also declare the civil judgments or lawsuits, taxes liens paid, arrests or convictions more than seven years old. However, there is a salary exemption of $20,000 which means that these time limits do not restrict positions that pay more than $20,000.

Under Md. Code Ann. SS 14-1204: Consumers can seek disclosure of their files in writing. Employers must issue an informational notice of rights and an announcement about the probe in writing to the candidate within five 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 use a credit report on an applicant to reject the employment offer, determine compensation, or 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 by 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 have a company bank card or credit, or access to the corporate accounts
  • Employees who are employed have access to the company's trade secrets, as well as other intellectual property
  • Employees who are employed are granted access to the 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. So 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 until 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 before conducting the first interview.

Montgomery County passed Bill 36-14 in 2014. It is a ban-the-box law that applies to both public and private sector employers with fifteen or more workers. In addition, 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 cannot 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 do not result in a conviction or deleted documents.

Maryland's Social Media Law

Maryland employers are not permitted to solicit 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 a 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, and educational data in their pre-employment screenings.

Here's what could appear in these kinds of reports.

Criminal History

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
  • Charge(s)
  • Disposition
  • Date of disposition
  • If the offense was a misdemeanor or a felony
  • Sentence

Employment Verification

Suppose you require employment verification to confirm the employment history data submitted by applicants. In that case, you'll be able to 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' employment details can allow you to determine if they are reliable and competent. This will help you lower the chance of hiring lawsuits.

Education Verification

Education verification will reveal the certificates, 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 covered by the background check in Maryland is subject to the lookback period that is a part of the FCRA and Maryland's law. Therefore, certain information older than seven years old is not considered part of an employment background check.

There are no details about arrest records or lawsuits, tax liens, civil judgments, or collections balances that are seven or over the years in the past. According to Maryland law, bankruptcy filings that predate a background check by ten 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. So 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 judgments and liens or collection accounts more than seven years old. The FCRA doesn't contain an obligation to report records from convictions. However, if 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 and 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. Therefore, 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 Background Checks in Maryland?

The Maryland Department of Public Safety & Correctional Services is accountable for maintaining the central repository for the state's criminal records. Therefore, to conduct a criminal background check on an applicant in Maryland, employers will need first to fill out and send a private petition with the DPSCS and await approval.

If approved, employers must then require the applicant to provide fingerprints 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. However, don't be relying on the information supplied by these companies.

In most 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 gathered this way, your business could be subject to penalties and liability.

The most efficient method to conduct a 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 a background check cost in Maryland?

If you want to conduct the employment background check from the DPSCS in Maryland, you must pay $18 to get the background check.

Fingerprinting can cost you an additional $20 cost. However, this type of report does not contain the other vital background check information you require for your job.

If you decide to send requests to several institutions, businesses, and agencies by yourself, conducting a 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, allowing you to choose the types of background information you require to fill your job.

In The Koleman Group LLC, you can choose from various plans at different cost levels. We also offer a range of types of clinical 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 learn more about our products and services and get an estimate for free.

What time will it take to Have a Background Check Done within Maryland?

The time required to complete a background check report will depend on the method you use to manage your screening process for employment.

If you 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 a 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 before hiring is essential to the successful operation of Maryland companies. It is essential to have excellent access to relevant documents for each applicant's job qualifications, credentials, education, criminal background, and 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. In addition, 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. 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. We're ready to assist you if you have any issues or queries.

 

Contact The Koleman Group LLC today to schedule a no-obligation complimentary consultation. You will also find out what we could do to enhance your business's 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 compliance with applicable laws.


Updated on 2022-06-07 21:33:49 by larry coleman

Recent Posts


The Koleman Group LLC
Current Country
US