At-a-Glance Compliance Overview

State Mini-FCRA Laws

Maine does not maintain a consumer reporting statute comparable to the “mini-FCRA” laws adopted in states such as California, Massachusetts, or Colorado.

Employment background checks obtained from consumer reporting agencies are governed primarily by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers using third-party background screening providers must comply with federal requirements, including:

• providing a clear written disclosure before obtaining a consumer report
• obtaining written authorization from the applicant or employee
• providing pre-adverse action and adverse action notices when information in a consumer report influences an employment decision.

Criminal Record Reporting Rules

Maine does not impose state-specific reporting limits on criminal convictions in employment background checks.

Convictions

Criminal convictions may generally be reported without time limitation under FCRA §605(a)(5).

Non-Convictions

Under the Fair Credit Reporting Act, consumer reporting agencies generally may not report arrests or other adverse non-conviction information that is more than seven years old, subject to federal salary threshold exceptions.

Criminal History Considerations

Maine law does not establish a detailed statutory framework governing how employers must evaluate criminal history in hiring decisions. Employers should ensure that the use of criminal history information is:

• job-related
• consistent with applicable anti-discrimination laws

This reflects general employment law principles and federal enforcement guidance.

Record Sealing / Expungement

Maine provides limited mechanisms for sealing certain criminal records.

Relevant statute:

15 M.R.S. §2261 et seq. – Sealing of criminal history record information

Maine allows sealing of certain non-convictions and limited records under specific conditions.

Sealed records are not available for public background checks.

Fair Chance / Ban-the-Box Law

Maine has enacted a statewide ban-the-box law applicable to private employers.

Relevant statute:

26 M.R.S. §600-A

Key Requirements

• Employers may not include questions about criminal history on initial job applications.
• Criminal history inquiries may occur later in the hiring process.

This requirement applies broadly to private employers and directly affects application design and hiring workflows.

Credit Check Rules

Maine does not have a statute specifically restricting employer use of credit reports for employment purposes.

Employers may obtain and use credit reports in compliance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.).

Employers should ensure that any use of credit information is:

• job-related
• consistent with applicable anti-discrimination laws

Cannabis Use and Drug Testing Rules

Maine permits both medical and recreational marijuana use, but does not require employers to accommodate marijuana use in the workplace.

Employers may:

• maintain drug-free workplace policies
• prohibit marijuana use during work hours
• discipline employees for workplace impairment

Maine law imposes requirements on employer drug testing programs, and employers should ensure compliance with applicable state rules.

Pay Equity and Salary History Rules

Maine restricts employer use of salary history under:

26 M.R.S. §628-A

Employers may not:

• inquire about an applicant’s compensation history
• rely on compensation history in determining wages

Employers may discuss compensation expectations with applicants.

Local Fair Chance or Screening Ordinances

No local fair chance hiring ordinances, credit check restrictions, cannabis testing restrictions, or pay transparency laws affecting private employers have been identified in Maine.

Key Statutes

• Ban-the-Box – 26 M.R.S. §600-A
• Salary History Ban – 26 M.R.S. §628-A
• Record Sealing – 15 M.R.S. §2261 et seq.

Employer Compliance Checklist

Employers conducting background checks in Maine should implement several compliance practices.

• Remove criminal history questions from initial job applications.

• Delay criminal history inquiries until later in the hiring process.

• Evaluate criminal history using job-related criteria.

• Follow federal Fair Credit Reporting Act disclosure, authorization, and adverse action requirements when ordering background checks.

• Avoid requesting or relying on salary history during hiring.

• Ensure sealed records are not considered in employment decisions.

• Apply criminal history screening policies consistently to reduce discrimination risks.

• Maintain clear workplace drug testing policies addressing marijuana use and workplace impairment.