Effective February 19, 2021: Montgomery County, Maryland’s Ban the Box law (enacted in 2014) has been amended to expand the scope of the law by prohibiting background checks until after a conditional job offer has been extended, preventing inquiries about certain crimes, and redefining “employer” to include any employer (not as previously limited to those with 15 or more employees), except employers that provide services to minors or vulnerable adults.

Specifically, the amendments state that an employer must not, at any time before the extension of a conditional employment offer to the applicant:

(1) require the applicant to disclose whether he or she has an arrest or conviction record, or otherwise has been accused of a crime;

(2) conduct a criminal record check on the applicant; or

(3) inquire of the applicant or others about whether he or she has an arrest or conviction record or otherwise has been accused of a crime.

The amendments also prohibit inquiry into certain criminal records, including arrests that did not result in convictions or certain first convictions, including, among others, a conviction of a misdemeanor if at least three years have passed  since the date of conviction and the date incarceration ended.

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