# Criminal Procedure (GCP)

## Title 1. Definitions; General Provisions

### Subtitle 2. General Provisions

#### Section 1-209

(a)

  (1) In this section, "department" means:

    (i) the Department of Agriculture;

    (ii) the Department of the Environment;

    (iii) the Maryland Department of Health;

    (iv) the Department of Human Services; or

    (v) the Maryland Department of Labor.

  (2) "Department" includes any unit of a department specified in paragraph (1) of this subsection.

(b) This section does not apply to a person who:

  (1) was previously convicted of a crime of violence, as defined in Sec. 14-101 of the Criminal Law Article; or

  (2) is applying for licensure or license renewal under Title 11, Subtitle 6 of the Financial Institutions Article.

(c) It is the policy of the State to encourage the employment of nonviolent ex-offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.

(d) Except as provided in subsection (f) of this section, a department may not deny an occupational license or certificate to an applicant solely on the basis that the applicant has previously been convicted of a crime, unless the department determines that:

  (1) there is a direct relationship between the applicant's previous conviction and the specific occupational license or certificate sought; or

  (2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(e) In making the determination under subsection (d) of this section, the department shall consider:

  (1) the policy of the State expressed in subsection (c) of this section;

  (2) the specific duties and responsibilities required of a licensee or certificate holder;

  (3) whether the applicant's previous conviction has any impact on the applicant's fitness or ability to perform the duties and responsibilities authorized by the license or certificate;

  (4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;

  (5) the seriousness of the offense for which the applicant was convicted;

  (6) other information provided by the applicant or on the applicant's behalf with regard to the applicant's rehabilitation and good conduct; and

  (7) the legitimate interest of the department in protecting property and the safety and welfare of specific individuals or the general public.

(f)

  (1) This subsection does not apply to a conviction of a crime for which registration on the sex offender registry is required under Title 11, Subtitle 7 of this article.

  (2) If a period of 7 years or more has passed since an applicant completed serving the sentence for a crime, including all imprisonment, mandatory supervision, probation, and parole, and the applicant has not been charged with another crime other than a minor traffic violation, as defined in Sec. 10-101 of this article, during that time, a department may not deny an occupational license or certificate to the applicant solely on the basis that the applicant was previously convicted of the crime.

(g)

  (1)

    (i) An individual may file a request with a department for review of the individual's criminal history to determine whether the individual's criminal history would disqualify the individual from obtaining the occupational license or certificate being sought.

    (ii) The determination of a department regarding whether the occupational license or certificate would be approved or denied to the individual requesting the predetermination under subparagraph (i) of this paragraph shall be binding on the department unless there is a subsequent direct and material adverse change to the individual's criminal history.

    (iii) When conducting a predetermination review requested under subparagraph (i) of this paragraph, a department shall utilize the existing resources of the department.

  (2) If a department determines that an occupational license or certificate would be denied to the individual under paragraph (1) of this subsection, the department shall provide the individual with an explanation for its determination, including the basis under subsection (d) of this section.

  (3) An individual may submit a revised request for a predetermination to the department that made a predetermination under paragraph (1) of this subsection if:

    (i) 1 year has passed since the individual received the predetermination under paragraph (1) of this subsection; or

    (ii) there is a material change to the individual's criminal history.

  (4)

    (i) A department may charge a criminal history review fee to an individual to conduct a review under this section not exceeding $100.

    (ii) The fee charged under subparagraph (i) of this paragraph may be waived if the individual's income is at or below 300% of the federal poverty level, as determined by the District Court of Maryland.

(h) Nothing in this section may be construed to:

  (1) override, supersede, or invalidate any compact or agreement already in place with regard to the regulation of any profession or occupation by a department; or

  (2) supersede the authority of a department to require an applicant or a licensee to submit to a criminal history records review in accordance with this section.

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Md. Code Ann., Crim. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)