What You Need to Know About Maryland Criminal Background Checks

In Maryland, criminal background checks are an essential part of various processes, including employment, housing, and licensing. Whether you are an employer, a landlord, or an individual seeking to check your own criminal history, understanding how criminal background checks work in Maryland is crucial. This section provides an introduction to criminal background checks in Maryland, including what they are, why they are important, and who conducts them.

What is a Criminal Background Check in Maryland?

A criminal background check in Maryland is a process through which an individual’s criminal history is reviewed and assessed. It involves accessing records related to arrests, charges, convictions, and other legal proceedings. These checks are designed to provide information about an individual’s involvement in criminal activities. In Maryland, criminal background checks typically include the following:

• Arrests: A record of any arrests made, even if the individual was not convicted of a crime.
• Convictions: Information about any criminal convictions, including felonies and misdemeanors.
• Court Records: Documentation of the outcomes of court cases, including any judgments, fines, or sentences.
• Pending Charges: Details of any ongoing criminal cases or investigations.
• Sex Offender Registry: If applicable, information about whether an individual is listed in the state’s sex offender registry.
• Probation or Parole Information: Records related to probation or parole status, if applicable.

Criminal background checks are an essential tool for assessing whether an individual poses a potential risk to employers, landlords, organizations, or the public. They provide transparency and accountability, especially when someone is being considered for a position of trust or responsibility.

Who Conducts Criminal Background Checks in Maryland?

Various entities and organizations can request and conduct criminal background checks in Maryland. Some of the most common groups include:

1. Employers

Employers in Maryland often require criminal background checks as part of the hiring process. This is particularly common in industries that involve working with vulnerable populations (e.g., children, elderly, or disabled individuals), access to sensitive information, or positions requiring a high level of trust. Employers may use background checks to ensure that candidates do not have a history of criminal behavior that could impact their job performance or compromise workplace safety.

2. Landlords and Property Managers

Landlords and property managers frequently use criminal background checks to screen potential tenants. A background check helps them assess whether an applicant poses a risk to the safety and security of the rental property and its residents. By checking criminal history, landlords can make informed decisions about renting their properties.

3. State Agencies and Regulatory Bodies

Certain state agencies in Maryland require background checks for individuals seeking licenses or certifications. For example, individuals applying for professional licenses (such as teachers, healthcare professionals, or financial advisors) may need to undergo a background check before they can be approved. This helps ensure that individuals holding public office or positions of responsibility are law-abiding.

4. Courts and Legal Institutions

Maryland’s courts are responsible for maintaining criminal records and providing access to them. Criminal background checks often involve reviewing public records maintained by the court system. Individuals or organizations may request these records to learn more about someone’s criminal history. However, access to certain types of criminal records may be restricted depending on the case or the individual’s expungement status.

5. Private Screening Companies

In addition to government agencies, many private companies, such as ExactBackgroundChecks.com, offer criminal background check services. These companies provide convenient, fast, and reliable online background check services. They often streamline the process by offering immediate access to reports, which is beneficial for both businesses and individuals looking to get results quickly.

ExactBackgroundChecks.com is a popular option for obtaining criminal background checks in Maryland, as it allows users to submit requests online, receive results quickly, and ensures accuracy. This service is used by employers, landlords, and individuals who need fast and accurate criminal history reports.

How to Request a Criminal Background Check in Maryland

In Maryland, individuals can request criminal background checks through several channels. Below is a step-by-step guide on how to request one, whether you’re an employer, a landlord, or an individual requesting your own record.

1. Requesting through the Maryland State Police (MSP)

The Maryland State Police (MSP) is the primary agency responsible for providing criminal background checks in Maryland. The Maryland Criminal Justice Information System (CJIS), managed by the MSP, maintains and disseminates criminal history records.

Step-by-Step Process:

1. Determine the Type of Check:
   • Statewide Criminal History Check: This checks for criminal records within the state of Maryland, including arrest records and convictions.
   • FBI Background Check: This includes a nationwide criminal history check. You can request this if you need a more comprehensive background check.
2. Online Request: The most convenient method is through the Maryland State Police CJIS website, where you can request a criminal history check online. This method is faster, as it allows you to submit your request and pay fees electronically.
   • Visit the CJIS website and select the option for requesting a background check.
   • Complete the online form with personal information (e.g., full name, date of birth, and any other required information).
   • Provide payment using a credit or debit card.
3. In-Person Request: If you prefer not to request online, you can visit the Maryland State Police Headquarters or a designated LiveScan location, where you can submit your fingerprints for processing.
   • You will need to bring valid identification (e.g., a government-issued ID like a driver’s license).
   • Your fingerprints will be taken electronically, which will be used to search for any criminal records.
4. Request by Mail: For those who prefer traditional methods, you can request a criminal background check by mail.
   • Complete the required forms (available on the CJIS website).
   • Provide a copy of your identification and payment (check or money order).
   • Mail the application to the Maryland State Police CJIS Central Repository.
5. Processing Time:
   • Online Request: Processing time is typically around 3-5 business days.
   • In-Person or Mail Request: Processing can take 5-10 business days, depending on the volume of requests.
   • Expedited Service: If you need results urgently, expedited services are available for an additional fee.

2. Requesting through Third-Party Services (e.g., ExactBackgroundChecks.com)

For those who want a quicker, more user-friendly experience, third-party services like ExactBackgroundChecks.com can be an excellent option. These services simplify the background check process by offering easy online forms and providing fast, accurate results.

Step-by-Step Process:

1. Visit ExactBackgroundChecks.com:
   • Go to the website and choose the Maryland Criminal Background Check option.
2. Complete the Online Form:
   • Enter necessary details such as your full name, date of birth, and any other identifying information required.
   • If required, provide fingerprints, which will be processed electronically for a more thorough background check.
3. Payment:
   • Pay the processing fee through a secure online payment system.
   • ExactBackgroundChecks.com accepts major credit and debit cards for payments.
4. Receive Your Report:
   • After your request is processed, you will receive a report with the results of your criminal background check, typically within 24-48 hours for online requests.
   • You can download or print your report, which will include a detailed summary of any criminal history found in the state or national databases.

Why Choose ExactBackgroundChecks.com?

• Convenience: The online process is simple and can be done from the comfort of your home or office.
• Speed: Background checks are processed quickly, often within 1-2 business days.
• Accuracy: ExactBackgroundChecks.com sources information from reliable and up-to-date databases to ensure that you receive accurate and complete results.
• Easy Access: Results are delivered directly to your inbox, or you can download them from the website. This saves you time compared to traditional methods, which can take longer.

3. Requesting a Background Check from Other State Agencies

Some situations may require a specialized background check, such as if you need to check whether an individual is on the sex offender registry or involved in other specific types of criminal activity. In such cases, Maryland’s Department of Public Safety and Correctional Services or other state-specific agencies may be involved in providing such records.

Required Documents for Criminal Background Checks in Maryland

When requesting a criminal background check, certain documents and information are needed to process your request. Here’s a list of typical requirements:

1. Identification: A valid, government-issued photo ID (e.g., driver’s license, passport, or state ID) to verify your identity.
2. Personal Information: Full name, date of birth, and any other required personal details to match your records with the state’s database.
3. Fingerprints: If you are requesting a fingerprint-based background check (which is often required for employment or licensure), your fingerprints will need to be submitted either electronically or on a fingerprint card.
4. Payment: The required fees for processing your background check request, which can be paid online or in person, depending on the method you choose.

Cost of Criminal Background Checks in Maryland

The cost of a criminal background check in Maryland varies depending on the method of request and the type of check. Here are some general pricing guidelines:

• Maryland State Police (CJIS):
  • The standard fee for a criminal background check is typically around $18-$25.
  • Expedited services may cost an additional fee, ranging from $10 to $20 depending on the urgency of the request.
• ExactBackgroundChecks.com:
  • Fees for background checks through ExactBackgroundChecks.com generally start around $20 to $30 for a standard report, with prices varying based on the type of check and urgency.

It’s important to note that additional fees may apply if you require extra services such as fingerprinting or expedited processing.

Processing Time for Criminal Background Checks in Maryland

The processing time for criminal background checks in Maryland varies depending on the request method:

• Online Requests: Typically processed in 3-5 business days.
• In-Person or Mail Requests: Processing can take 5-10 business days, depending on the method.
• Expedited Services: Available for an additional fee, with results often returned within 24-48 hours.

Legal Aspects of Criminal Background Checks in Maryland

Criminal background checks in Maryland are governed by various state and federal laws. These laws regulate the use of criminal history information and set guidelines for how background checks should be conducted. Below are the key legal aspects you should be aware of when requesting or using criminal background check information in Maryland:

1. Maryland Criminal Justice Information System (CJIS)

The Maryland Criminal Justice Information System (CJIS) manages the state’s criminal history records. The CJIS is responsible for maintaining and disseminating criminal records to authorized entities, including law enforcement agencies, employers, and licensing boards. Only authorized parties may request and access these records under Maryland state law.

• Accessing Criminal Records: Criminal history records can only be accessed by entities that have a legitimate need for them, such as employers, government agencies, and landlords.
• Use of Criminal Records: The use of criminal background information is restricted to specific purposes, including employment screening, tenant screenings, and licensing decisions.

2. Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers by ensuring the accuracy, fairness, and privacy of information in consumer credit reports and background checks. This law applies to any organization or individual who conducts background checks for employment, housing, or other purposes.

• Disclosure Requirements: Under the FCRA, individuals must be informed when a background check will be used as part of a decision-making process, such as hiring or renting.
• Consent: The individual undergoing the background check must provide written consent before their criminal history can be accessed.
• Accuracy: Employers and other entities are responsible for ensuring that the information they use from criminal background checks is accurate and up-to-date.

3. Ban the Box Laws in Maryland

Ban the Box laws are designed to limit when employers can inquire about a candidate’s criminal history during the hiring process. In Maryland, Ban the Box laws apply to private employers with more than 15 employees. These laws aim to provide individuals with criminal records a fair chance at employment by removing questions about criminal history from initial job applications.

• Timing of Inquiry: Employers are prohibited from asking about an applicant’s criminal history until after the first interview or conditional offer of employment.
• Exceptions: Certain employers, such as those in law enforcement, schools, or jobs requiring interaction with vulnerable populations, may still ask about criminal history earlier in the process.

4. Expungement and Sealing of Criminal Records in Maryland

Maryland allows individuals to request the expungement or sealing of certain criminal records under specific circumstances. Expungement is the legal process of removing a criminal record from public access, while sealing restricts access to the record, making it unavailable for most purposes but still accessible to law enforcement.

• Eligibility: Not all criminal records can be expunged or sealed. Generally, only certain offenses that resulted in a not guilty verdict, dismissal, or probation before judgment (PBJ) are eligible.
• Process: To request expungement or sealing, individuals must file a petition with the court. If the petition is granted, the individual’s criminal history will no longer be visible to most employers or landlords.
• Impact: Expungement and sealing provide individuals with a second chance by removing barriers to employment and housing caused by past criminal convictions.

5. Restrictions on Using Criminal Records for Employment and Housing Decisions

While criminal background checks are commonly used in employment and housing decisions, there are restrictions on how the information can be used.

• Employment: In Maryland, employers cannot deny employment solely based on a criminal record unless the offense is directly related to the job duties. Employers must also consider factors such as the nature of the crime, how long ago it occurred, and whether the individual has shown evidence of rehabilitation.
• Housing: Similarly, landlords cannot automatically reject tenants based solely on their criminal history. They are required to consider factors such as the severity of the crime, whether it was a one-time offense, and the time that has passed since the conviction.

Frequently Asked Questions (FAQs)

Here are answers to some of the most common questions about criminal background checks in Maryland:

How far back does a criminal background check go in Maryland?

In Maryland, criminal background checks typically go back seven years for most offenses, as defined by federal law under the Fair Credit Reporting Act (FCRA). However, certain severe offenses (e.g., violent crimes or sex offenses) may appear on the record regardless of when they occurred. Additionally, employers or landlords may consider longer periods for specific job-related or housing decisions.

Can I request my own criminal background check in Maryland?

Yes, individuals can request their own criminal background check in Maryland through the Maryland State Police CJIS website or by visiting an authorized LiveScan provider. This allows you to review your own criminal record for accuracy before it is used by potential employers, landlords, or other agencies.

What is included in a Maryland criminal background check?

A Maryland criminal background check includes information such as:

• Arrest records: Any arrests made within the state of Maryland.
• Convictions: Any criminal convictions, including felonies and misdemeanors.
• Pending charges: Any criminal cases that are still in progress or awaiting resolution.
• Court records: Details about any criminal cases processed through the court system.

Can an employer in Maryland deny employment based on a criminal record?

Yes, employers in Maryland can deny employment based on a criminal record, but only under certain conditions. Ban the Box laws limit when employers can inquire about criminal history. Additionally, employers must assess the relevance of the criminal offense to the job duties and consider how long ago the offense occurred and whether the individual has shown signs of rehabilitation.

What should I do if I find incorrect information on my Maryland criminal background check?

If you find incorrect information on your criminal background check, you should immediately contact the Maryland State Police CJIS or the FBI (for national checks). You may need to file a dispute and provide documentation to support your claim. It's important to correct any inaccuracies to ensure that your background check is accurate and reliable.

Conclusion

Understanding the criminal background check process in Maryland is essential for individuals and organizations alike. Whether you’re requesting a check for employment, housing, or licensing purposes, it is important to be aware of the legal regulations governing the use of criminal records. Maryland has specific rules regarding the timing of criminal history inquiries, expungement options, and how background check information can be used.

For a quicker and more convenient background check experience, services like ExactBackgroundChecks.com provide a user-friendly platform, ensuring fast, reliable, and accurate results.

By following the proper procedures and understanding the legal landscape, both individuals and organizations can ensure that background checks are used fairly, responsibly, and in compliance with Maryland law.