Maryland’s Ban the Box Law: What Job Seekers Should Know

 Posted on September 25, 2025 in Employment Law

If looking for a job were not stressful enough, applicants with a criminal record can feel as though the system is stacked against them before they ever reach the interview stage. Maryland’s "Ban the Box" (Maryland Labor and Employment Article Section 3-1501) law helps those with a criminal record by limiting when employers can ask an applicant about his or her criminal history.  

The goal is to allow candidates to present their qualifications and skills before facing questions about their past. As of mid-2025, 37 states and the District of Columbia have adopted some form of Ban the Box (also called Fair Chance in some states) hiring laws, primarily for public-sector employers. About 15 states, including Maryland, have extended those laws to the private sector.

The name, "Ban the Box," for Maryland’s law comes from the practice of removing the checkbox on employment applications that asks applicants whether they have a criminal conviction. If you have questions regarding Maryland’s Ban the Box law, it can be beneficial to speak to an experienced Silver Spring, MD employment lawyer.

Giving Employees with a Criminal Record a Fair Chance

Although employers are still allowed to ask potential employees about a past criminal record, Ban the Box prevents them from doing so at the early application stage. The goal is to give those with prior arrests or convictions a fair opportunity to secure employment by focusing on their qualifications for the job or how their skills would benefit the position.

Employers in Maryland are prohibited from asking about an applicant’s criminal history until after the first in-person job interview or conditional job offer (when the applicant is offered the job, pending a background check or drug test results). Employers with 15 or more full-time employees – both public and private sectors – cannot ask about criminal history on initial applications.

The only exceptions to the Ban the Box rules are for employees applying to work at a school, childcare facility, financial institution, or any job where federal or state law requires a background check. Employees have the right to submit a job application without disclosing their criminal history upfront, and may not be retaliated against for asserting these rights.

Can Employers Face Fines or Legal Claims for Violating the Ban the Box Law?

Although Maryland law does not permit job applicants to file private lawsuits against employers for violating the Ban the Box law, employers who do so may face penalties. Job applicants affected must file a complaint with the Maryland Commissioner of Labor and Industry. The commissioner investigates and has the authority to impose fines.  

A first offense typically results in a $500 fine per applicant affected. Subsequent violations can result in a civil fine of up to $300 for each applicant affected. Some Maryland cities or counties have their own versions of Ban the Box laws, and may have different rules and complaint procedures. For example, in Baltimore City, complaints go to the Baltimore City Office of Equity and Civil Rights.

Preparing for Questions Regarding Criminal History Later in the Process

First, always check your own criminal record so you know exactly what a prospective employer will see. You can request a criminal history report from the FBI, local police departments, or state repositories. Make sure there are no inaccuracies in the report; if there are, follow the process to dispute and remove them before a prospective employer sees the report.

To prepare for questions regarding your criminal history, you must have a narrative that shows growth, yet is honest and direct. Lying or being evasive can jeopardize a potential job offer, so admit the offense without excuses. Explain what you learned from the experience, how you have changed for the better, and discuss any support programs, courses, or training you have completed that show you have changed your life.

Contact a Baltimore, MD Employment Lawyer

Speaking to a highly skilled Silver Spring, MD employment law attorney from Freedman Law, LLC can be extremely helpful. Attorney Freedman is rated as one of the best employment lawyers in Annapolis, MD. He represents clients in federal and state courts, is available 24/7, and is supportive and accessible. Call 410-290-6232 to schedule your initial attorney meeting.