(a) Inquiry on application. An employer must not require an applicant or potential applicant to disclose on an employment application the existence or details of the applicant’s or potential applicant’s arrest record or conviction record.
(b) Preliminary inquiry into criminal record. In connection with the proposed employment of an applicant, an employer must not, at any time before the extension of a conditional offer to the applicant:
(1) require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime;
(2) conduct a criminal record check on the applicant; or
(3) inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime.
(c) Prohibition against inquiry into certain criminal records. In connection with the proposed employment of an applicant, an employer must not at any time require an applicant to disclose, conduct a criminal record check to determine, or otherwise inquire of the applicant or others, whether:
(1) the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or
(2) the applicant has an arrest record or a conviction record for, or otherwise has been accused of:
(A) a first conviction of:
(i) trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code; or
(ii) disturbance of the peace under § 10-201 of the Criminal Law Article of the Maryland Code;
(B) a conviction of a misdemeanor if at least 3 years have passed since:
(i) the date of the conviction; and
(ii) the date that any period of incarceration for the misdemeanor ended; or
(C) a matter for which records:
(i) are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or
(ii) have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code.
(d) Consideration of Certain Records Prohibited. An employer must not base a hiring or promotion decision upon any item in an arrest record or a conviction record described under subsection (c).
(e) Retaliation. An employer must not:
(1) retaliate against any person for:
(A) lawfully opposing any violation of this Article;
(B) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Article; or
(2) obstruct or prevent enforcement or compliance with this Article. (2014 L.M.C., ch. 36, § 1; 2020 L.M.C., ch. 35, § 1.)