The Prince George’s, Maryland County Council recently enacted Bill CB-019-2024, amending the county's Fair Criminal Record Screening Standards. Effective September 16, 2024, the ordinance—renamed “Access to Employment for Returning Citizens”—significantly restricts employers' ability to conduct criminal background checks on job applicants. Changes to the law include a smaller threshold for employer coverage, expanded limitations on employer inquiries into applicant criminal histories, and expanded protections for employees.
Employer Coverage Threshold
The ordinance now applies to employers with 10 or more full-time employees in the county, a reduction from the previous threshold of 25 employees.
Expanded Limitations on Employer Inquiries of Applicant Criminal History
Under the amended ordinance, covered employers are prohibited from asking about or investigating a job applicant’s criminal history until after the initial interview. Even after the initial interview, employers cannot inquire about or consider the following:
- Nonviolent Felony Convictions: If the applicant completed the sentence for a nonviolent felony more than five years (60 months) before submitting their application, such convictions cannot be considered.
- Misdemeanor Convictions: Misdemeanor convictions cannot be considered if the sentence was completed more than 30 months before the date of the application.
- Arrests Without Convictions: Employers cannot consider arrests that did not result in a conviction, no matter how old, except in cases of probation before judgment, which are treated as misdemeanors under the ordinance.
- Marijuana-Related Offenses: Arrests or convictions for possession of marijuana or cannabis-related paraphernalia cannot be considered, provided the sentence has been completed.
Expanded Definitions
The amended ordinance also includes broader definitions of key terms, which further limit employer’s inquiries and consideration into an applicant’s criminal background history. Key amended terms include:
- Arrest: This term now encompasses any apprehension, detention, or custody by a law enforcement or military authority, even if no charges are ultimately brought.
- Conviction: The term is expanded to include a guilty verdict or plea, including nolo contendere.
- Nonviolent felony: This term now is defined to include any felony that does not meet the state’s definition of a violent crime.1
Comparison with Other Local Jurisdictions
Prince George’s County’s amended ordinance is more restrictive than the Maryland statewide Ban-the-Box law, which permits employers to inquire about an applicant’s criminal history during the initial interview, whereas the county’s ordinance permits inquiries only after the initial interview. Also, the county’s coverage threshold is lower than that of the state law, which applies to employers with 15 or more full-time employees. The amended ordinance’s coverage threshold of 10 employees or more now brings Prince George’s County to the same threshold as that of the two other Maryland localities that have enacted ban-the-box ordinances: Montgomery County and Baltimore City. Similarly, these other two local ordinances contain the same restriction that limits employers from making inquiries until after the initial interview.
Recommended Employer Action Items
Covered Maryland employers should update their criminal background check procedures to ensure compliance with these new restrictions. This includes ensuring that inquiries into an applicant’s criminal record are delayed until after the initial interview and conform to the limitations on nonviolent felonies, misdemeanors, and arrests. Employers should not merely assume they lawfully can consider a record in a background report because the ordinance regulates employers, not background check companies. Put another way, just because an employer sees a criminal record in a background report, that does not mean the record is fair game for the employer to use in the hiring process.
Footnotes
1 A list of the crimes defined as “violent” under Maryland law can be found here.
