Montgomery County, Maryland ban-the-box law for employers (2026): conditional offers, barred records and the 7-day notice

Montgomery County, Maryland's ban-the-box law, the Fair Criminal Record Screening Standards in County Code Chapter 27, Article XII (sections 27-71 to 27-75), applies to any employer with one or more employees in the county, including the county government. Since February 19, 2021 it has barred criminal record questions on applications and any inquiry or criminal record check before a conditional offer, and it puts some records off-limits for good, such as arrests that did not lead to a conviction and misdemeanor convictions more than three years old. Before rescinding a conditional offer over a record, the employer must share the report, name the items and wait seven days. As of November 2026 the county's Office of Human Rights enforces it, with civil penalties of up to $1,000 per violation.

What is Montgomery County's ban-the-box law?

The law has had two versions:

• 2015 to 2021. Expedited Bill 36-14 (2014 Laws of Montgomery County, chapter 36), enacted October 28, 2014 and effective January 1, 2015, covered employers with 15 or more full-time employees in the county and let them ask after the first interview.
• Since February 19, 2021. Bill 35-20 (2020 Laws, chapter 35), enacted November 10, 2020 and signed November 20, 2020, lowered the threshold to one person, moved the line to the conditional offer, deleted the old definition of "interview," barred some records at every stage and required the County Executive to adopt regulations.

The sections a hiring team needs:

• Section 27-71, findings and definitions;
• Section 27-72, prohibited inquiries, barred records and retaliation;
• Section 27-73, rescinding a conditional offer;
• Section 27-74, exemptions; and section 27-75, enforcement and regulations.

The Article's findings still cite the EEOC's 2012 enforcement guidance on criminal background information. The EEOC rescinded that guidance on October 28, 2026; the rescission does not change the county's operative rules. Rental housing has its own criminal history rules in section 27-15A, which this page does not cover.

Who is covered?

• Almost every employer in the county. An employer is any business or other entity "operating and doing business in the County that employs 1 or more persons in the County." It "includes the County government, but does not include the United States, any State, or any other local government."
• Part-time staff count. Bill 35-20 struck "full-time" from the definition by amendment, so the code counts persons. The Office of Human Rights' employment FAQs still say "1 or more full-time employees"; the code text is the safer guide.
• Applicants and promotions. An applicant is a person considered for employment in the county "or a current employee who requests to be considered for a promotion," and a conditional offer can be an offer of a promotion.
• Jobs in the county. The definitions tie coverage to employment in the county. They do not address a remote role held by a county resident for an employer based elsewhere, so check those with counsel.

Exemptions

Under section 27-74, the Article does not apply:

• if the inquiries are "expressly authorized by an applicable federal, State, or County law or regulation";
• to the County Police Department, the County Fire and Rescue Service or the County Department of Corrections and Rehabilitation;
• to an employer that provides programs, services or direct care to minors or vulnerable adults; or
• to an employer hiring for a position that requires a federal government security clearance.

When can a Montgomery County employer ask about criminal history?

Section 27-72(a) bars requiring an applicant, or a potential applicant, to disclose "the existence or details" of an arrest record or conviction record on an employment application. Section 27-72(b) then bars, "at any time before the extension of a conditional offer," requiring disclosure of an arrest or conviction record or an accusation of a crime, conducting a criminal record check, or inquiring "of the applicant or others" about it. A conditional offer is one "conditioned solely on" the results of the employer's later criminal record inquiry or "another contingency expressly communicated to the applicant at the time of the offer."

Two things are not an "inquiry" under section 27-71:

• a question about a record the applicant disclosed "voluntarily and not in response to a question by the employer"; and
• a question about the employment history shown on the application or resume. The Office of Human Rights' FAQs add that an employer may ask about gaps in employment.

Which records can a Montgomery County employer never ask about or use?

Section 27-72(c) applies "at any time," including after the offer. An employer must not require disclosure of, run a check to find, or ask about:

• an arrest "for a matter that did not result in a conviction";
• a first conviction for trespass under Maryland Criminal Law 6-402 or 6-403, or for disturbance of the peace under Criminal Law 10-201;
• a misdemeanor conviction if at least three years have passed since both the conviction and the end of any incarceration for it; or
• a matter whose records are confidential under Courts and Judicial Proceedings 3-8A-27 (juvenile records) or have been expunged under Criminal Procedure 10-101 to 10-110.

Section 27-72(d) adds that an employer "must not base a hiring or promotion decision" on any of those items. Example: a misdemeanor conviction in June 2022 with a jail term that ended in June 2023 becomes off-limits in June 2026, three years after the later of the two dates. The text does not say how it treats a charge that is still pending, so ask counsel before relying on one. Maryland's own limits on expunged and shielded records apply too; they are summarized in Maryland background check laws.

What must an employer do before rescinding a conditional offer?

If the employer intends to rescind a conditional offer based on items in the arrest or conviction record, section 27-73(a) says that, before rescinding, it must:

1. give the applicant a copy of any criminal record report (a record of arrest and conviction history "obtained from any source");
2. tell the applicant it intends to rescind the conditional offer, and which items are the basis; and
3. delay rescinding for 7 days so the applicant can tell the employer about any inaccuracy in those items.

If it then rescinds, it must notify the applicant in writing (section 27-73(b)). No other notice is required by the Article (section 27-73(c)). If a screening company prepared the report, the FCRA's pre-adverse action notice, copy of the report and summary of rights also apply, then the final adverse action notice; one packet can serve both laws if it contains everything each requires. The steps are in the FCRA background check process, with wording in background check notification emails. Federally, Title VII still applies after the EEOC's rescission, and a job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) remains the safe practice.

How does the county rule fit with Maryland law?

Statewide, employers with 15 or more full-time employees may require disclosure during the first in-person interview (see Maryland's ban-the-box law). The state law does not preempt a more restrictive local law (Labor and Employment 3-1502(b)), so for a Montgomery County job the county's later line, the conditional offer, and its barred records are the rules to follow, and employers with 1 to 14 employees are covered by the county rule alone. Neighboring jurisdictions differ: Prince George's County lets employers ask after a first interview, Baltimore City waits for a conditional offer, and jobs across the line in Washington follow the D.C. Fair Criminal Record Screening Act.

Who enforces it, and what are the penalties?

• Office of Human Rights. A person aggrieved may file a complaint with the Director under section 27-7 (section 27-75(a)). The Compliance Section lists Article XII among the laws it enforces; it takes intake inquiries online or by appointment (240-777-8450), and a formal complaint must be approved at intake, then signed and notarized. Mediation is offered.
• Deadline. A complaint must be filed within one year after the act, or after the most recent act if it is continuing, and filing with a federal or state civil rights agency counts (section 27-7(d)).
• Civil penalty. A case review board may require any person except the county to pay the county up to $1,000 for each violation of Article XII, weighing prior findings, willfulness and the severity of the injury (section 27-8(b)).
• No damages to the applicant. The damages provision in section 27-8(a) does not list Article XII, and the Office of Human Rights says a complainant "will not receive any compensation or other damages" under this law.
• Retaliation. Section 27-72(e) bars retaliating against anyone who opposes a violation or takes part in a complaint, and obstructing enforcement.

Section 27-75(b) requires the County Executive to adopt regulations, including on informing employers and applicants of their rights. The county's regulations code (COMCOR) lists no Article XII regulations in its current chapter 27, so the code text is the operative rule as of November 2026.

What should recruiters and staffing agencies do on Montgomery County jobs?

• Assume you are covered. With a one-person threshold, an agency that employs a worker it places in the county is an employer under the Article, and so is the client when it hires directly.
• Do not relay records early. A client asking the agency about a candidate's record before its conditional offer is an inquiry "of ... others," and a check run for the client before the offer is barred.
• Fix whose offer triggers the check. On a temp or contract placement the agency's written conditional offer usually starts the clock; on a direct hire, the client's. Record the date.
• Narrow the report. Because the Article bars running a check "to determine" the barred records, ask the screening company whether it can limit Montgomery County reports to items the county allows.
• Agree who sends the section 27-73 notice. It comes from the employer that intends to rescind; put the 7-day wait and the FCRA notices in the client agreement so neither side acts early.
• Keep volunteered information out of submittals. See what not to write in interview notes.

A notice of intent to rescind you can adapt

Adapt this with counsel. It covers the three steps in section 27-73(a); add the FCRA items if a screening company prepared the report.

Notice of intent to rescind conditional offer
To: [applicant name]          Date sent: [date]
Position: [title], [Montgomery County worksite]

On [date] we made you a conditional offer for this position. We are
considering rescinding it because of the following item(s) in your
criminal record report:
  - [item, court, date]
A copy of the report is enclosed.

We will not make a final decision for 7 days from the date of this
notice, until [date]. If any item is inaccurate, or you want to tell
us anything about it, contact [name] at [email / phone] by then.
If we decide to rescind the offer, we will tell you in writing.

Montgomery County ban-the-box rules at a glance