Prince George’s County Overhauls Fair Chance Law

Employers take note—Prince George’s County completed a significant overhaul of its fair chance law with little fanfare and notice.

Effective September 16, impacted employers face a new reality when it comes to considering criminal history information. The revised law defines “applicant” as a person who is considered or who requests to be considered for employment in the County. “Employer” is defined as employing ten (10) or more persons full-time in the County.

In addition to the other prohibitions already outlined under the law, employers are prohibited from inquiring into or considering the following:

• Convictions where the sentence was completed:
  • For a non-violent felony1, at least five (5) years or sixty (60) months ago
  • For a misdemeanor, at least thirty (30) months ago
• Arrests that did not result in a conviction, except where the result was probation before judgment (which shall be treated as misdemeanors for the purpose of this law)
• Arrests or convictions for possession of marijuana, cannabis, or cannabis-related materials or paraphernalia, provided any such sentence has been completed, unless it was a conviction that included an intent to distribute

Employers are prohibited from conducting background checks that do not conform to the above.

1"Non-violent felony” means a felony conviction for a crime that is not a crime of violence as defined in Sec. 14-101 of the Criminal Law Article, Annotated Code of Maryland.