Prince George’s County (MD) Expands Its Ban the Box Law

Effective September 16, 2024, the Prince George’s County Ban-the-Box law has become more restrictive. As employers with employees in the County hopefully know, the County previously enacted a law that prohibited inquiries about an applicant’s criminal history until the end of the first employment interview. (The “Box” refers to the box, contained on many employment applications, that must be checked if the applicant has a criminal record.) The amended law provides expansive new protections to applicants and employees in the County.

Employers with 10 or more employees (down from the original 25) are now prohibited at any time from asking about or considering convictions where the sentence was completed at least 5 years ago for a nonviolent felony or at least 30 months ago for a misdemeanor. In addition, those employers may not ask about or consider arrests that did not result in a conviction, except where the individual received probation before judgment, which would be treated as a misdemeanor under this law. In addition, covered employers may not at any time ask about or consider arrests or convictions for the possession of marijuana, cannabis, or cannabis-related materials or paraphernalia, where the sentence has been completed, unless it was a conviction that included intent to distribute. The law now also specifically prohibits employers from conducting background checks or investigations that do not conform to these restrictions.

As before, employers that are considering disqualifying an applicant based on criminal history must make an individualized assessment of the job relatedness of the conviction, including the nature of the offense, the time that has elapsed since the conviction, and any information bearing on its potential inaccuracy. Where an employer decides to withdraw an offer of employment based on the applicant’s criminal history, the applicant must be notified of this intention with the specific items of concern identified, provided with a copy of the criminal history report, and given written notice of their right to provide the employer with notice of the inaccuracy of items on the report within seven days.  During this seven-day period, the rescission of the offer must be delayed. The actual withdrawal of the offer must be in writing. Notably, if no offer of employment is made, the employer is not required to provide any notice even if the decision is based on the applicant’s criminal history

There are exception to the ban for the following: (1) inquiries that are expressly authorized by Federal, State or County laws or regulations; (2) positions that have access to confidential or proprietary business or personal information, money or items of value, personal homes or residences, facilities that provide personal storage, or involve emergency management; and (3) employers that provide programs, services, or direct care to minors or vulnerable adults.