Maryland Consent to Credit History Background and Reference Check

State:
Multi-State
Control #:
US-853LT
Format:
Word; 
Rich Text
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Description

This is a consent form to be signed by Tenant or Employee, permitting a credit history, background and reference check to be performed by the Landlord or Employer.


A criminal history background information check is the review of any and all records containing any information collected and stored in the criminal record repository of the Federal Bureau of Investigation, the state Department of Public Safety, or any other repository of criminal history records, involving a pending arrest or conviction by a criminal justice agency, including, but not limited to, child abuse crime information, conviction record information, fingerprint cards, correctional induction and release information, identifiable descriptions and notations of convictions; provided, however, dissemination of such information is not forbidden by order of any court of competent jurisdiction or by federal law. Criminal history background information generally does not include any analytical records or investigative reports that contain criminal intelligence information or criminal investigation information.

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FAQ

Or are credit history background checks a separate tool? There is a simple answer to these questions: a criminal background check will never include any information about a person's credit history.

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.

Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

What Information can an Employer Release for Employment Verification?Job performance.Reason for termination or separation.Knowledge, qualifications, and skills.Length of employment.Pay level and wage history (where legal)Disciplinary action.Professional conduct.Work-related information

There are no federal laws restricting what information an employer can - or cannot - disclose about former employees. If you were fired or terminated from employment, the company can say so. They can also give a reason.

Providing a Reference Many employers will release only basic information when contacted for a reference to protect themselves from lawsuits. They usually confirm employment dates and job responsibilities, salary history, and might include information about whether you were dismissed or chose to leave on your own.

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.

What are your legal rights as a job applicant? Thanks to the Fair Credit Reporting Act (FCRA), employers can't go checking your credit history behind your back. They must have written consent before pulling an applicant's credit history.

General information, such as hire and termination dates. Information about the employee's job performance. The reason for the employee's termination, if applicable. Examples of misconduct or workplace violence, especially if a minor or vulnerable adult was put at risk.

The Fair Credit Reporting Act (FCRA) has a strict limit on who can check your credit and under what circumstance. The law regulates credit reporting and ensures that only business entities with a specific, legitimate purpose, and not members of the general public, can check your credit without written permission.

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Maryland Consent to Credit History Background and Reference Check