Prince George’s County, MD: More Limitations on Background Screening
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APPLIES TO Employers with 10+ Employees |
EFFECTIVE September 16, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
Effective September 16, 2024, CB-019-2024 amends Prince George’s County’s criminal background screening law. As of the effective date, employers should note the following changes.
- The law now applies to employers with 10+ Previously, the law only applied to employers with 25+ employees.
- There are updated definitions for arrest, conviction, sentence, and nonviolent felony.
- Arrest means being apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.
- Conviction means a verdict or plea of guilty or nolo contendere to a criminal act.
- Sentence means the term of imprisonment or probation imposed on a convicted defendant for criminal wrongdoing.
- Nonviolent Felony means a felony conviction for a crime that is not a crime of violence as defined in Sec. 14-101 of the Criminal Law Article, Annotated Code of Maryland.
- Employers are prohibited from inquiry into or considering convictions or conviction records of any applicant for employment where the sentence of the applicant was completed: (1) for a nonviolent felony, at least five years or 60 months ago; and (2) for a misdemeanor, at least 30 months ago.
- An employer shall not at any time inquire into or consider any arrest or conviction of an applicant for possession of marijuana, cannabis, or cannabis-related materials or paraphernalia, provided any sentence for such crime has been completed, unless it was a conviction that included an intent to distribute.
The prohibitions in this amendment do not apply in cases where the positions in the public or private sector have access to confidential or proprietary business or personal information, money or items of value, personal homes or residences, facilities that provide personal storage, or involve emergency management.
Action Items
- Review the bill here.
- Revise background screening procedures.
- Have appropriate personnel trained on the new requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase