Employers may not require an applicant to disclose information concerning criminal charges against him that have been expunged. In answering questions concerning criminal charges that have not resulted in a conviction, or concerning convictions pardoned by the Governor, applicants need not address charges that have been expunged. An employer may not discharge or refuse to hire a person solely because of the person's refusal to disclose information concerning criminal charges that have been expunged.

Before an eligible employee may begin work for a Maryland adult dependent care program, the program must apply for a state criminal history records check or request a private agency to conduct a background check. As part of the check, eligible employees must submit a complete set of legible fingerprints. The adult dependent care program may also require an alcohol or controlled dangerous substance test.

Before the first day of employment or the first day of actual operation of the facility, employers and employees of the following facilities in Maryland must apply for state and federal criminal background checks, including a complete set of fingerprints: child care centers, homes and institutions; family care centers; juvenile detention, correction or treatment facilities; public and certain private schools; foster care home or group facilities; and recreation centers for minors. Background check applications may be filed at any law enforcement office in the state.