In Maryland, background checks are inquiries carried out to learn details about a person’s past employment and public records. The confirmation of assertions made by an individual on an application is typically included. The majority of background checks involve looking up court records, verifying education, and looking up criminal history. Each Maryland background check will differ slightly depending on the subject and the purpose for which it is being conducted.
There are more steps involved in conducting thorough and accurate Maryland employment background checks than simply checking the applicant’s references or doing an internet search.
Instead, when conducting background checks for employment purposes in Maryland, employers must adhere to the Fair Credit Reporting Act and other pertinent state and federal laws.
When conducting Maryland employment background checks, you must adhere to all applicable laws and regulations, so you must keep up with any changes to the law as they happen and have access to the appropriate types of resources to gather the information you require.
Maryland Background Check
Criminal background checks are used to look up an applicant’s criminal history in national, federal, state, and local records. For certain jobs, such as those involving vulnerable populations like seniors or children, criminal background checks may be more thorough. For instance, obtaining a job in a childcare facility in Maryland necessitates a thorough background investigation that includes searching the FBI fingerprint database, the National Sex Offender Registry, the state’s child abuse and neglect registry, and the state’s sex offender registry.
The Maryland Criminal Justice Information System (CJIS), which keeps a central repository of records, accepts requests for state criminal records checks.
Civil court checks look up lawsuits, bankruptcies, foreclosures, and other civil disputes in court records. When hiring for positions in management or finance, such checks are frequently used.
Driving record checks look up an applicant’s license status, driving history, traffic infractions, and DUIs or other similar offenses in Maryland motor vehicle records. These checks are frequently applied to positions requiring the operation of machinery or vehicles.
A candidate’s credit history is examined during credit checks. A credit check, which is frequently required for jobs in the finance industry, can reveal collections, bankruptcies, and payment history.
Employment verifications ascertain the veracity of a candidate’s work history, including employment dates and positions.
Verifications of education attest to the institutions attended, the dates of attendance, and the degrees earned.
The Maryland Criminal Justice Information System, the state’s central repository for criminal data, is used to gather information for these background checks in Maryland. The state Department of Public Safety and Correction Services is responsible for hosting the CJIS.
Maryland Background Check Laws
The federal, state, and local laws governing Maryland background checks must be followed by consumer reporting agencies (CRAs) and employers.
Employers who violate these laws risk severe fines and potential legal action.
The main legal requirements for Maryland employers to be aware of when conducting pre-employment background checks are listed below.
Federal Laws on Employment Background Checks
The Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964, which are covered in more detail below, are the two most significant federal laws governing pre-employment background checks.
The Fair Credit Reporting Act (FCRA), enacted in 1970, is a comprehensive piece of legislation created to safeguard the privacy of consumers. It covers data collected, disclosed, and used in Maryland pre-employment background checks.
There are limitations on the kinds of data that CRAs can gather and report. Additionally, there are restrictions on how employers can use the data they receive to decide who to hire.
There is a seven-year lookback period in the FCRA. Information about judgment liens, civil lawsuits, bankruptcies, and collection accounts that are seven years old or older may not be reported by CRAs. Additionally, they are prohibited from disclosing details of arrests that occurred more than seven years ago but did not result in convictions.
The seven-year lookback period is exempt for employment with a salary of at least $75,000 per year. Criminal convictions are not subject to the time limit.
In Maryland, employers who wish to perform pre-employment background checks on potential employees are required to give written notice of their plans to do so to the applicants. Before the procedure can start, the applicants must sign their consent.
Before making a hiring decision, an employer must follow the FCRA’s adverse action procedure if a Maryland background check turns up unfavorable information about a candidate. These requirements must be adhered to in order to avoid severe liability, fines, and other penalties.
The organization in charge of developing and enforcing regulations under Title VII of the Civil Rights Act of 1964 is the Equal Employment Opportunity Commission (EEOC). The most significant federal anti-discrimination law, Title VII, forbids workplace discrimination based on an applicant’s or employee’s protected status.
When hiring individuals, employers are required to abide by Title VII’s rules. When an applicant’s criminal history is discovered during a pre-employment background check in Maryland, the employer must first determine whether the conviction is relevant to the position in question before making a hiring decision.
With these tips in mind, you can make an informed Maryland background check. Try them out as they are meant to make your background search more convenient.