Section 10-109 - Prohibited acts. - Maryland Statutes

§ 10-109. Prohibited acts.
 

(a)  Applications for employment or admission.-  

(1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required: 

(i) by an employer or educational institution of a person who applies for employment or admission; or 

(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service. 

(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning: 

(i) a criminal charge that did not result in a conviction; or 

(ii) a conviction that the Governor pardoned. 

(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for: 

(i) an employer to discharge or refuse to hire the person; or 

(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application. 

(b)  Penalties.-  

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both for each violation. 

(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service. 
 

[An. Code 1957, art. 27, § 740; 2001, ch. 10, § 2.]