When you’re hiring in Baltimore, Maryland, background checks help ensure you’re choosing the right candidates and staying compliant with all applicable laws.
At iprospectcheck, we offer fast, reliable screening services designed to support the needs of employers throughout the state.
This guide outlines the key laws and best practices for running employment background checks in Baltimore.
Key Takeaways
- Pre-employment background checks help Baltimore employers verify important details about candidates, assess their qualifications, and determine if they’re the right fit for the position.
- Typical background screenings include criminal record checks, employment history, education, professional license verification, motor vehicle records, and identity verification.
- To stay compliant and reduce legal risks, employers must follow all applicable federal, state, and city laws.
What is a Baltimore Employment Background Check?
An employment background check in Baltimore reviews a job applicant’s criminal history, academic background, work experience, professional licenses, and other key details to assess their qualifications for a specific role.
Why Do Employers in Baltimore Run Background Checks?
Maryland employers conduct background checks to verify candidate history and make informed hiring decisions based on verified information, not just what’s listed on a resume.
Here are some of the main reasons Baltimore employers rely on background checks:
1. Create a Safer Workplace
Background checks help Baltimore employers identify any past criminal behavior that could pose a threat to the company, current employees, customers, or the general public.
This process plays a key role in building a safe work environment.
2. Support Fair Hiring Practices
Using a consistent screening process for all applicants promotes fairness in hiring.
This helps reduce bias, ensure equal opportunity, and protect against potential discrimination claims.
3. Stay Compliant With Laws and Industry Rules
Employers in Baltimore must follow federal, Maryland, and city-specific regulations when conducting background checks.
Some industries have unique screening requirements.
For example:
- Employers regulated by the S. Department of Transportation (DOT) must run DOT background checks, DOT physicals, and DOT drug tests for safety-sensitive positions.
- Johns Hopkins Medicine requires comprehensive background checks for new employees, including reviews of criminal history, employment and education verification, and professional licenses.
- University of Maryland Medical System (UMMS) performs detailed background screenings for staff and clinical roles.
4. Avoid Negligent Hiring Claims
Skipping background checks can open employers up to lawsuits if an employee later causes harm.
By screening thoroughly, you show that you exercised due diligence and protect your organization from negligent hiring liability.
5. Protect Sensitive Information
Many roles in healthcare, law, and finance require access to private data.
Screenings help ensure candidates are trustworthy and reduce the chances of fraud, theft, or data breaches.
6. Maintain the Company’s Reputation
Your employees reflect your organization.
Background checks help you avoid hiring individuals whose past actions could damage your business’s reputation or client relationships.
What Shows Up on a Baltimore Background Check?
What appears on a background check depends on the specific screenings requested by the employer.
Most Baltimore employers include the following components in their background checks:
Criminal History
If the candidate has a criminal record or any pending charges, the report may show:
- Case number
- Court jurisdiction
- Date of the offense
- Description of the charges
- Classification (misdemeanor or felony)
- Case disposition
- Disposition date
- Sentencing information (if available)
Employers should evaluate whether the offense relates to the responsibilities of the job or poses a safety concern, rather than treating a conviction as an automatic disqualifier for employment.
Background check companies must omit any sealed, expunged, or pardoned records from background check reports.
Under Maryland law, employers are not allowed to consider this information when making hiring decisions.
Employment Verification
Employment verification helps confirm whether the applicant’s work history is accurate and typically includes:
- Names and locations of former employers
- Employment dates
- Job titles and duties
This check assists in identifying any resume discrepancies or unexplained employment gaps.
Education Verification
Education checks ensure the applicant meets the required educational qualifications for the position. These typically include:
- Name and location of schools or institutions
- Dates of attendance
- Degrees, diplomas, or certifications earned
This process helps validate the accuracy of academic credentials listed on the resume.
Professional License Verification
For licensed roles, this check confirms the legitimacy and status of required credentials. The reports may include:
- Name of the license holder
- Type and number of the license
- Current license status (active, expired, restricted)
- Issuing board or agency
- Dates of issuance and expiration
- Any public disciplinary actions on record
This is vital for roles in healthcare, law, finance, or other regulated industries.
Identity Verification
Identity verification ensures the background check results match the correct person.
This often includes:
- Full legal name and known aliases
- Previous addresses
- Date of birth
It also helps guide additional jurisdiction-based screenings for criminal or employment history.
Motor Vehicle Records (MVR) Check
For roles involving driving, an MVR check reviews the applicant’s driving history and typically includes:
- Driver’s license number and classification
- Issue and expiration dates
- Legal name and registered address
- Records of traffic violations, DUIs, or major offenses
- Any license suspensions or revocations
These checks are essential to confirm whether a candidate is qualified, responsible, and insurable for a driving-related role.
Important Laws and Regulations
Federal Laws
Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law that protects the privacy of consumers and job applicants and regulates how consumer reporting agencies (CRAs) collect, maintain, and share personal information.
It also sets rules for how employers may use that information during the hiring process.
For positions paying under $75,000 annually, CRAs cannot include the following information if it’s older than seven years:
- Arrests not resulting in a conviction
- Paid tax liens
- Civil suits and judgments
- Chapter 13 bankruptcies (Chapter 7 may be reported for up to 10 years)
- Accounts sent to collections
Before running a background check, employers must provide a clear, separate disclosure to the applicant and obtain written authorization.
If the report results in a decision not to hire, the employer must follow the FCRA’s adverse action process before finalizing the decision.
Fair Chance to Compete for Jobs Act (FCA)
The Fair Chance to Compete for Jobs Act (FCA) limits when federal employers and contractors can inquire about a candidate’s criminal background.
They must wait until after extending a conditional job offer.
Federal agencies are also prohibited from awarding contracts to companies that violate this requirement by asking about criminal history too early in the hiring process.
Title VII of the Civil Rights Act of 1964
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin.
This law is enforced by the Equal Employment Opportunity Commission (EEOC), which provides guidance on how employers should evaluate criminal records fairly.
Before deciding against an applicant due to a conviction, employers must assess how the offense relates to the specific job and whether it could impact workplace safety.
Know Before You Hire
State Laws
CRA Registration Requirements
Under COMAR § 09.03.07 and Md. Code Ann. § 14-1201 et seq., consumer reporting agencies (CRAs) conducting background checks in Maryland must register with the Maryland Department of Labor by January 1 each year.
Re-registration is only necessary if any previously submitted information changes.
Maryland’s Seven-Year Rule for Reporting Convictions
According to Md. Code Ann. § 14-1203, CRAs are not allowed to report civil lawsuits, judgments, arrests, paid tax liens, or criminal convictions that are more than seven years old.
Bankruptcies may not be reported if they’re over 10 years old.
However, this rule does not apply to positions paying $20,000 or more annually, which are exempt from these time restrictions.
Disclosure and File Request Rights
Under Md. Code Ann. § 14-1204, individuals have the right to request a copy of their background check file in writing.
When this happens, employers must provide a written disclosure of the investigation and a notice of the applicant’s rights within five days.
This notice must include the contact details of the Commissioner of the Maryland Department of Labor.
Use of Credit Reports
Under Md. Lab. & Emp. Code § 3-711, Maryland employers are generally not permitted to use a credit report to deny employment, determine pay, or terminate an employee.
However, they may request credit information after making a job offer if the role has a legitimate business reason.
There are exceptions for:
- Employers using credit checks required by federal or state law
- Banks, credit unions, and SEC-registered firms
- Positions involving access to trade secrets, confidential business data, corporate financial accounts, or managerial responsibilities
In these cases, the employer must inform the applicant in writing if a credit check will be conducted and explain how it relates to the job.
Maryland Ban-the-Box Law
Maryland enacted a ban-the-box law for public sector employers in 2013 under SB 671, which restricts them from asking about an applicant’s criminal history on the initial job application.
Questions may only be asked during or after the first interview.
Since 2020, private employers in Maryland with 15 or more employees have also been restricted from asking about criminal records before the first in-person interview under SB 839.
Maryland Social Media Privacy Law
Under Md. Lab. & Emp. Code § 3-712, Maryland employers cannot require job applicants or employees to share social media usernames or passwords or provide access to private social media accounts.
Maryland Fair Employment Practices Act
Under Md. State Govt. Code § 20-602, employers are prohibited from discriminating against applicants and employees based on any of the following characteristics:
- Age
- Ancestry
- Color
- Disability
- Gender identity
- Marital status
- Military status
- Race
- Religion
- Sex
- Sexual orientation
Applicants are similarly protected under Title VII and other federal anti-discrimination laws.
Employers should ensure their hiring practices are free from bias to prevent discrimination lawsuits.
Employer Registration Requirements for Drug Testing
Under COMAR § 10.10.10.10, Maryland employers that plan to conduct employment drug tests must first register with the state and pay a fee of $50.
After the initial registration, employers must re-register every two years.
How to Conduct Employment Background Checks in Baltimore
1. Create a Background Check Policy
Before beginning the hiring process, develop a comprehensive background screening policy.
Ensure it complies with federal, Maryland state, and Baltimore city laws and clearly defines which positions require background checks.
Include step-by-step procedures that your HR team must follow to ensure consistent, lawful practices.
2. Train Your HR and Hiring Staff
Make sure your hiring personnel understand both the legal requirements and your internal background check procedures.
Provide training that covers topics like disclosure, consent, evaluating results, and how to respond to red flags.
3. Give Proper Disclosure and Get Written Consent
You must provide applicants with a clear, standalone disclosure informing them of the background check.
Then, obtain their written authorization before ordering the report, as required by the Fair Credit Reporting Act (FCRA).
4. Partner with a Reliable Screening Provider
Work with a trustworthy background check company that provides accurate, timely reports and follows all legal guidelines.
A dependable screening partner helps you stay compliant and avoid hiring delays.
5. Time Your Background Checks Properly
In Baltimore and across Maryland, ban-the-box laws limit when you can inquire about criminal records.
Conduct background checks only after the first interview or once the candidate is being seriously considered.
This approach supports fair hiring practices and keeps your business compliant with the law.
6. Match the Screening to the Role
Select background checks that are appropriate for the responsibilities of each job.
For example, driving history checks are important for delivery or transportation jobs, but may not be necessary for administrative roles.
7. Review Results and Communicate with Candidates
Carefully evaluate the background check findings and keep applicants informed throughout the process.
If the results are clear, move forward with onboarding and confirm the candidate’s start date.
8. Assess Criminal Records Individually
If a conviction appears, don’t automatically rule out the candidate.
Consider factors like the age of the offense, its seriousness, and its relevance to the job.
Federal guidelines and Maryland law require individualized assessments rather than blanket rejections.
9. Follow the FCRA’s Adverse Action Steps
If you decide not to hire based on background check findings, follow the Fair Credit Reporting Act’s adverse action procedure:
- Pre-Adverse Action Notice — Share the background check report with the applicant and explain any concerns.
- Allow Time to Respond — Give the candidate at least five business days to dispute or explain the results.
- Final Adverse Action Notice — If you proceed with the decision, send a final notice of their denial and include a copy of their rights under the FCRA.
Get a Baltimore Background Check with iprospectcheck
Industries like healthcare, transportation, finance, and public service in Baltimore face strict hiring regulations and compliance standards.
At iprospectcheck, we provide fast, accurate, and fully compliant background checks tailored to meet your organization’s unique needs.
Our reports are clear, detailed, and designed to help you make confident hiring decisions while staying aligned with all legal and industry requirements.
For more information or a free quote, call us today: 888-509-1979.
DISCLAIMER: The resources provided here are for educational purposes only and do not constitute legal advice. Consult your counsel if you have legal questions related to your specific practices and compliance with applicable laws.
FAQs
How long does a background check take?
Most background checks in Baltimore are completed within 1 to 3 business days.
However, more complex checks—such as fingerprinting or international education verifications—may take additional time.
Can background check results affect hiring?
Yes, background check findings can influence hiring decisions.
Employers must follow the Fair Credit Reporting Act (FCRA) and Maryland laws, which include providing required notices and reviewing criminal records on a case-by-case basis.
How much does a background check cost?
The cost varies depending on the types of checks you need and how many you order.
Contact us for a customized quote that aligns with your hiring needs.