The recent amendments expand the scope of the law by providing that an employer must not, at any time before the extension of a conditional employment offer to the applicant:
(1) require the applicant to disclose whether he or she has an arrest 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 he or she has an arrest or conviction record or otherwise has been accused of a crime.
The amendments also prohibit inquiry into certain criminal records, including arrests that did not result in convictions or certain first convictions, including, among others, a conviction of a misdemeanor if at least three years have passed since the date of conviction and the date incarceration ended.
Maryland has joined a growing number of states by enacting Ban the Box which prohibits employers from asking job applicants about their criminal history on the initial job application. The new amended and expanded Maryland Ban the Box law is referred to as the Criminal Record Screening Practices Act, and is scheduled to go into effect on February 19, 2021.
Currently, fourteen states (and the District of Columbia) have ban-the-box laws that apply to private employers: California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and Maryland.