Maryland Prohibits Reporting Records of Criminal Proceedings

June 6th, 2024 | Chris Christian, Director of Compliance

On May 9th, 2024, Maryland Governor Wes Moore signed HB622 into law which prohibits consumer reporting agencies from including certain types of criminal proceedings in a consumer report. The law will take effect October 1, 2024.

Reporting Restrictions

HB 622 amended Maryland’s Commercial Law by adding Section 14-1203.1. The new section states that a consumer reporting agency may not include in a consumer report, any record of a criminal proceeding concerning the consumer:

  • In which the consumer was falsely accused, acquitted, or exonerated.
  • In which a Nolle Prosequi was entered as to a charge concerning the consumer.
  • That did not result in a guilty verdict for or guilty pleas by the consumer.
  • Any criminal records concerning the consumer that have been expunged.

Existing Maryland law already limited consumer reporting agencies from reporting in consumer reports records of arrests, indictments, or convictions of crime which, from date of disposition, release, or parole, antedate the report by more than seven years.

Additionally, the new law prohibits a consumer reporting agency from relying on information contained in records prohibited from being included in a consumer report (listed above) to make a determination regarding the creditworthiness of a consumer.

Take Aways

Employers should consider reviewing and updating their background screening policies and practices as they relate to non-convictions in Maryland. Employers that rely on obtaining Maryland non-conviction records through the state law salary exemptions which recently changed (see more here) also should consider modifying their screening policies and practices. Employers are encouraged to work with legal counsel before changing their background screening policies and practices.

The Information contained herein is for informational purposes only. Sterling is not a law firm, and none of the information contained in this notice is intended as legal advice. Clients are encouraged to consult with their legal counsel about the impacts of any requirements. This and other important legislative updates can be found on the Sterling website:  https://www.sterlingcheck.com/resources/compliance-updates/

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