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Maine Background Check Laws

Capital Augusta Population 1,331,479
Largest city Portland
Area 35,385 sq mi
Criminal rate 12 crimes /10,000 people Time Zone UTC −5/−4

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Maine Drug Screen Compliance

Maine Employment Screening laws

Employers that are either located in Maine or hiring Maine residents must abide by the Federal FCRA, and applicable Maine state employment laws.

This page was created to provide a simple explanation of what an end-user of a background screening report (also known as consumer report) can use in order to be in compliance with Maine state laws. This page also contains steps an end-user must take to stay in compliance with Maine state laws.

Please keep in mind that the EEOC must always be taken into consideration when a hiring decision is to be made. The EEOC has provided guidance on how employers can use criminal records during the hiring process. This regulation was issued on April 25, 2012. The EEOC requires employers to individually review each applicant or employee that may be disqualified due to a criminal record. This also follows the regulations set forth by the Americans with Disabilities Act (ADA). Additionally, the EEOC wants to undertake an adverse action process similar to that of the FCRA. They want to add a pre-adverse action process of their own. Although employers already have an adverse action process that is specific to information contained in consumer reports, the EEOC's adverse action process may be different.

The information that is provided on this page does not discuss requirements under the EEOC nor does it explain how to use criminal records that fall under the regulation of the EEOC. It is suggested that compliance with the EEOC be discussed with legal counsel.

For more detailed information on Maine state laws, please consult your legal counsel.

Background Check Law Ban the Box Law Court Fee Summary of Rights

Employment Background Check Laws In Maine:

Ninja's summary

This state follows the regulations and standards for hiring policies as set forth by the Fair Credit Reporting Act. There are no additional state or local employment screening laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.

Update: Feb 2018

Fair Credit Reporting Act (FCRA):

The Fair Credit Reporting Act (FCRA) is a set of federal guidelines that helps regulate hiring practices. The FCRA was created to ensure privacy, accuracy, and fairness of consumer information. The FCRA accomplishes this by having a set standard for collecting, disseminating, and using consumer information.

Employers obtaining consumer reports for background screening purposes must follow specific procedures. For example, employers must disclose to the candidate what the background screening is, what information it includes, and how they intend to use it. They must obtain the written consent of the candidate before obtaining a background screening. They may not misuse the information contained in the background screening. There are also strict procedures an employer must follow should they decide not to hire a potential candidate based on the information in the background screening.

The purpose of the FCRA is to help protect employers, employees, and potential job candidates.

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

No additional “Ban the Box” state or local laws to consider. Please keep in mind that laws are always changing, and we recommend that you seek legal counsel for the most up-to-date legal information.


Update: Feb 2018

Disclaimer

This material is time sensitive. Contact us for updates. This information is subject to frequent change through legislative and court action.

All materials in this page and accompanying information are for general educational purposes and not intended to provide legal, scientific or medical advice. Consult with an appropriate professional to address specific issues.

County: Court Fee:
Androscoggin $40.00
Aroostook $20.00
Cumberland $20.00
Franklin $20.00
Hancock $20.00
Kennebec $20.00
Knox $20.00
Lincoln $20.00
Oxford $20.00
Penobscot $20.00
Piscataquis $20.00
Sagadahoc $20.00
Somerset $20.00
Waldo $20.00
Washington $20.00
York $40.00

State of Maine - Consumer Rights Notice

Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to that consumer:

  • All information in its files on the consumer at the time of the request, except that medical information, as defined in Maine Revised Statutes Section 1312, subsection 8, may be withheld. The consumer shall be informed by the agency of the existence of any such medical information withheld and shall have a right to have that information disclosed to a licensed physician of his choice. Nothing in this chapter shall be construed to prevent, or to authorize any consumer reporting agency to prevent, such a physician from subsequently disclosing that information to the consumer to whom it relates. The agency shall inform the consumer or the consumer's right to disclosure of such withheld information at the time the consumer makes a request to inspect all files pursuant to this section.
  • All items of information in its files on that consumer except that the sources of information need not be disclosed. However, in the event an action is brought under this chapter such sources shall be available to the consumer under appropriate discovery procedures in the court in which the action is brought.
  • The names and addresses of the recipients of any consumer report or investigative consumer report on the consumer which it has furnished for employment purposes within the 2-year period preceding the request and for any other purpose within the 6-month period preceding the request.
  • The procedures adopted by the consumer reporting agency pursuant to Maine Revised Statutes Section 1317 to enable a consumer to correct any inaccurate information contained in that consumer's consumer report.
  • The requirements respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this chapter (10 MRS § 1315), except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.

    A consumer reporting agency shall adopt reasonable procedures to enable a consumer to correct any inaccurate information in his file. For the purposes of this law, "inaccurate information" includes materially incomplete information within the scope of the report requested.

    If a consumer disputes any item of information contained in the consumer's file on the ground that it is inaccurate and the dispute is directly conveyed to the consumer reporting agency by the consumer, the consumer reporting agency shall reinvestigate and record the current status of the information within 21 calendar days of notification of the dispute by the consumer, unless it has reasonable grounds to believe that the dispute by the consumer is frivolous, and it shall then immediately notify the consumer of the result of its investigation and the consumer's rights. The presence of contradictory information in a consumer's file does not, in and of itself, constitute reasonable grounds for believing the dispute is frivolous. Upon reinvestigation, the consumer reporting agency shall record in the consumer's file the efforts undertaken to reinvestigate the dispute, including, but not limited to, the names of the person or persons conducting the reinvestigation.

    If, after conducting the reinvestigation prescribed, the consumer reporting agency finds that an item is inaccurate or that it can no longer be verified, it shall promptly expunge the item and otherwise correct the file, and refrain from reporting the item in subsequent consumer reports, unless the item is later verified.

    Notwithstanding anything in these paragraphs, if a consumer reporting agency is requested to act pursuant to these paragraphs, it may retain the report that is found to be inaccurate; provided that the report is kept separate from other reports about the consumer, that it is conspicuously marked as containing inaccurate information which shall not be disclosed, and that it shall not be disclosed by the consumer reporting agency except in connection with its defense to a civil action brought pursuant to sections 1322 and 1323 of Maine Revised Statutes.

    If, after conducting the reinvestigation prescribed, the consumer reporting agency is unable to resolve any difference still remaining between the allegations made by its sources and the consumer, it shall:

    • Promptly indicate in the file that the item is disputed;
    • Permit the consumer to file a statement containing the nature of the dispute. The agency may limit such statements to not more than 200 words if it provides the consumer with assistance in writing a clear summary of the dispute;
    • Include the consumer's statement of the dispute in all subsequent credit reports containing the information in question; and
    • Clearly note in all subsequent consumer reports that the item is disputed by the consumer.

    When a consumer reporting agency must act pursuant to the above rules, it shall notify the consumer in writing that it will notify each person whom the consumer designates who has received the item of information during the previous 2 years for employment purposes or during the previous 6 months for any other purpose that the item is inaccurate, can no longer be verified or that it is disputed and that it will furnish them with the corrected information, and the consumer reporting agency shall notify each person designated by the consumer who has received the item of information during the previous 2 years from employment purposes or during the previous 6 months for any other purpose, that the item is inaccurate, can no longer be verified or that it is disputed, and shall furnish those persons with the corrected information and, where applicable, with a copy of the consumer's statement.

KEY COURT DECISIONS
Court Case Issue Outcome Employer Limitation/ Action

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