Background Check Error Lawsuits in Maryland

Maryland's Criminal Record Screening Practices law, Labor and Employment 3-1501 and following sections, took effect February 29, 2020. It covers employers with 15 or more full-time employees in Maryland. These employers may not require an applicant to disclose a criminal record before the first in-person interview, and phone and video interviews count. Exceptions apply where another law requires or expressly authorizes a criminal background inquiry. Employers that provide programs, services or direct care to minors or vulnerable adults are exempt. Maryland's law does not preempt stricter local rules. NELP lists Baltimore City, Montgomery County and Prince George's County as having fair-chance laws that reach private employers.

Maryland's Second Chance Act lets people shield certain nonviolent misdemeanor convictions, such as disorderly conduct, drug possession and driving without a license. A person may file three years after completing the sentence, and only one shielding is allowed in a lifetime. Shielded records become inaccessible to the public. Employers may not require applicants to disclose shielded information, and may not refuse to hire someone solely for refusing to disclose it.

These rules matter when a background check company reports a record that has been shielded or expunged. A report that includes it may be inaccurate under the federal FCRA. Maryland does not have a separate statute licensing tenant screening companies, so those reports are governed by the FCRA and Maryland's credit reporting law.

Where Maryland FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Maryland are heard in one federal district:

District of MarylandCourthouses: Baltimore, Greenbelt.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Maryland laws that add to the FCRA

Criminal Record Screening Practices (ban the box) (Md. Code Ann., Lab. & Empl. § 3-1501 et seq.)
Employers with 15 or more full-time employees may not require applicants to disclose criminal records before the first in-person interview. Exceptions apply where law requires or authorizes the inquiry, and for employers serving minors or vulnerable adults. Local laws may be stricter. Read it
Second Chance Act (shielding) (Md. Code Ann., Crim. Proc. §§ 10-301 to 10-306)
Allows a person to shield certain listed misdemeanor convictions three years after completing the sentence, once in a lifetime. Employers may not require disclosure of shielded information or refuse to hire solely because an applicant declines to disclose it. Read it
Job Applicant Fairness Act (Md. Code Ann., Lab. & Empl. § 3-711)
Limits employers' use of credit reports and credit history in hiring, firing and pay decisions, with exceptions for financial institutions, legally required checks and certain job-related purposes. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

When can a Maryland employer ask about my criminal record?

If the employer has 15 or more full-time employees in Maryland, it generally may not require you to disclose a criminal record before the first in-person interview, and phone or video interviews count. Some local laws, such as Montgomery County's, may require an employer to wait longer. Some jobs, such as those serving minors or vulnerable adults, are exempt.

Do I have to tell a Maryland employer about a shielded conviction?

No. Under the Second Chance Act, an employer may not require you to disclose shielded criminal information in an application, interview or otherwise. It also may not refuse to hire you solely because you decline to disclose it.

What if a Maryland background check includes a record that was shielded or expunged?

You can dispute it with the background check company, which must reinvestigate under the FCRA. Reporting a shielded or expunged record that is no longer public may be inaccurate. If it cost you a job or apartment, you may have a claim for damages.

How long do I have to file an FCRA lawsuit in Maryland?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.