The Prince George’s County Council recently passed an ordinance, the Employment Fairness Act for Returning Citizens, which further restricts an employer’s ability to conduct criminal background checks. The ordinance took effect on September 16, 2024.
Employers with 10 or more full-time employees in the County are now subject to the ordinance, a reduction from the previous threshold of 25 employees.
Under the ordinance, employers are prohibited from doing the following:
- requiring an applicant to disclose on an application the existence of the applicant’s arrest or conviction record
- requiring the applicant to disclose before the conclusion of the first interview whether the applicant has an arrest or conviction record or has been accused of a crime
- conducting a criminal record check on the applicant or inquiring about whether the applicant has an arrest or conviction record or has been accused of the crime before the conclusion of the first interview
Employers are now prohibited from doing the following at any time:
- inquiring into or considering convictions of any applicant where the sentence was completed for a nonviolent felony at least 60 months ago or for a misdemeanor where the sentence was completed at least 30 months ago
- inquiring about or considering any arrests that did not result in a conviction (unless the result was probation before judgment)
- inquiring about or considering arrests or convictions for possession of marijuana or cannabis-related paraphernalia if the sentence has been completed
- conducting background checks or investigations that do not conform to these restrictions.
The ordinance also expands the definitions of key terms. An “arrest” now encompasses any apprehension, detention, or custody by law enforcement, even if no charges are brought. A “conviction” now means any guilty verdict or plea, including a plea of nolo contendere. A “nonviolent felony” is any felony that does not meet the state’s definition of a violent crime.
Takeaways
Employers with 10 or more full-time employees in Prince George’s County should consider whether they are now subject to County limitations on considering criminal background information. Employers should also review these new limitations to ensure their background screening policies are compliant with County standards. Please do not hesitate to reach out for assistance in ensuring your business’s hiring processes are consistent with applicable criminal background check laws.
