# Sec. 2-231.04. Prohibited inquiries; retaliation

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Sec. 2-231.04. Prohibited inquiries; retaliation

Prince George's County, Md., Code § 2-231.04 (2026)

(a) Inquiry on application. An Employer shall not require an Applicant or Potential Applicant to disclose on an employment application the existence or details of the Applicant's or Potential Applicant's Arrest Record or Conviction record.

(b) If the Employer is the County, then it is prohibited from making any inquiry into whether the Applicant or Potential Applicant has ever partaken in the consumption or use of Cannabis or Marijuana.

(c) Preliminary inquiry into Criminal Record. In connection with the proposed Employment of an Applicant, an Employer shall not, at any time until the conclusion of a first interview:

  (1) require the Applicant to disclose whether the Applicant has an Arrest Record or Conviction Record, or otherwise has been accused of a crime;

  (2) conduct a Criminal Record check on the Applicant; or

  (3) inquire of the Applicant or others about whether the Applicant has an Arrest or Conviction record or otherwise has been accused of a crime.

(d) An Employer is prohibited at any time from inquiring into or considering convictions or Conviction Records of any Applicant for Employment where the Sentence of the Applicant was completed:

  (1) for a nonviolent felony, at least five (5) years or sixty (60) months ago; or

  (2) for a misdemeanor, at least thirty (30) months ago.

(e) An employer shall not at any time inquire into or consider arrests of an applicant that did not result in a conviction, except where the result was probation before judgement. In cases that resulted in probation before judgement, such outcomes shall be treated as misdemeanors for the purposes of this Section.

(f) An employer shall not at any time inquire into or consider any arrest or conviction of an applicant for possession of marijuana, cannabis, or cannabis-related materials or paraphernalia, provided any sentence for such crime has been completed, unless it was a conviction that included an intent to distribute.

(g) An employer is prohibited from conducting background checks or investigations that do not conform to the restrictions of this Section.

(h) Retaliation. An Employer shall not:

  (1) retaliate against any person for:

    (A) lawfully opposing any violation of this Subdivision;

    (B) filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Subdivision; or

  (2) obstruct or prevent enforcement or compliance with this Subdivision.