In this subtitle the following words have the meanings indicated. “Admissions application” means an individual application to enroll as an undergraduate student at an institution of higher education. “Criminal history” means an arrest or a criminal conviction. “Third–party admissions application” means an admissions application not controlled by the institution.

This subtitle applies to institutions of higher education that receive State funds.

Except as provided in subsection (b) of this section, an institution of higher education may not use an admissions application that contains questions about the criminal history of the applicant. An institution of higher education may use a third–party admissions application that contains questions about the criminal history of the applicant if the institution: Does not use the third–party admissions application to disqualify an applicant based on the applicant’s criminal history; and Posts a notice on its website stating that a criminal history does not disqualify an applicant from admission.

Subject to § 26–505 of this subtitle, an institution of higher education may make inquiries into and consider information about a student’s criminal history for the purpose of: Making decisions regarding access to campus residency; or Offering supportive counseling or services to help rehabilitate and educate the student on barriers a criminal record may present. Subject to paragraph (2) of this subsection, in making inquiries or considering information under this section, an institution of higher education may not automatically or unreasonably restrict a student’s access to campus residency based on that student’s criminal history. An institution of higher education may develop a process for determining or restricting access to campus residency for a student who has been convicted of: A sexual crime under Title 3, Subtitle 3 of the Criminal Law Article; A crime of violence under Title 14 of the Criminal Law Article; or A substantially similar crime in another state.

In deciding to deny or limit a student’s access to campus residency under § 26–504 of this subtitle, an institution of higher education shall develop a process for determining whether there is a relationship between a student’s criminal history and campus residency. The process developed under this section shall be set forth in writing and shall include consideration of: The age of the student at the time any aspect of the student’s criminal history occurred; The time that has elapsed since any aspect of the student’s criminal history occurred; The nature of the criminal history; and Any evidence of rehabilitation or good conduct produced by the student.

An institution of higher education that inquires into or considers information about a student’s criminal history, in a manner consistent with this subtitle, shall consider the State’s policy to promote the admission of students with criminal records, including formerly incarcerated individuals, to provide these students with the opportunity to obtain the knowledge and skills needed to contribute to the State’s economy.