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In most states, employers can legally provide any truthful information about your past work performance. The good news, however, is that most employers won't do it because there is a risk that you might bring a defamation lawsuit that would cost a lot to defend.
In most cases result of the state background check is mailed out in less than 10 working days from receipt of the initial approved application.
Employers are not prohibited by law from disclosing to a potential employer - who calls for a reference about a former employee - the reasons that the employee left, as long as the information they share is truthful.
Felony Background Checks in Maryland A background check could report convictions and non-convictions for the previous seven years. This means that an individual who might not have been convicted of a felony could still have the incident appear on their background check.
Nearly all background checks include a criminal-history check, based on information supplied by the candidate, including their Social Security number. Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult.
There is no Maryland law that provides that an employer can only provide dates of employment and position held in response to a reference inquiry. An employer, under Maryland law, can provide an employee reference that may not be true but not considered defamatory because of a qualified privilege.
Maryland's Ban the Box Law Maryland has a ban-the-box law that applies to public sector employers passed in 2013 as 2012 SB 671. Under this law, state employers may not ask about an applicant's criminal history until the first interview or when an opportunity to interview has been provided.
You must first notify them of your intent to run a background check and get their permission in writing. If you consider not hiring the candidate, you must allow them to review their background check results. They can file a dispute with the background check company to resolve any inaccuracies.
Legally, they can say anything that is factual and accurate. Concern about lawsuits is why most employers only confirm dates of employment, your position, and salary.
If you are seeking employment or to be licensed within Maryland, your employer or licensing agency must request the background record check.