Governor’s Pardon on Cannabis Convictions in Maryland: Background Check Changes

Governor Wes Moore’s mass pardon of 175,000 cannabis convictions in Maryland aims to address the social and economic injustice caused by these criminal records.

This article explores the impact of the Governor’s pardon on the background check process in Maryland. We will delve into the difference between a civil infraction, a misdemeanor, and a felony, which is essential knowledge when considering how these pardons may affect your background check results.

The background check process is pivotal in hiring, enabling employers to make informed decisions. It usually includes the following steps:

1. Identity verification: Ensuring the applicant is who they claim to be.
2. Criminal record search: Checking for criminal history at the county, state, and federal levels.
3. Employment verification: Verifying the applicant’s previous work experience and job responsibilities.
4. Education verification: Checking that the applicant’s educational qualifications are accurate.

Different types of convictions can show up on a background check report:

1. Misdemeanors: Minor offenses like possessing a small amount of cannabis.
2. Felonies: Serious crimes that come with harsher punishments.
3. Pending charges: Cases that are still awaiting trial or resolution.

Understanding how these factors relate is essential, especially when navigating the job market after receiving a pardon. The focus on cannabis possession offenses, especially those that have been pardoned, changes this dynamic significantly.

The Significance of the Mass Pardon for Cannabis Convictions

The governor’s action is a momentous step towards addressing the social and economic injustices caused by criminal records. It provides relief to individuals burdened by past offenses related to marijuana and allows them to rebuild their lives.

Impact on Background Check Results

It is necessary to note that some commercial background check reports may still show pardoned convictions during the transition. These could lead to unfair treatment or discrimination against individuals who have had their records cleared.

Mitigating Discrimination:

To prevent any form of bias or discrimination against those with previous cannabis-related convictions, employers should take specific measures:

1. Update screening policies: Make sure your company’s background check procedures align with the latest legal changes, giving equal opportunities to all applicants.
2. Individual assessments: Evaluate candidates based on their current qualifications and abilities rather than focusing solely on their past pardoned offenses.
3. Training on implicit bias: Provide training sessions for hiring managers to raise awareness about unconscious biases and how they can inadvertently affect decision-making during the hiring process.

By implementing these steps, employers can create a more equitable and inclusive hiring environment that aligns with the purpose of Governor Moore’s pardon.

Navigating the Background Check Process After the Pardon

Pardoned cannabis convictions are expected to be removed from official criminal record databases in Maryland. However, expect an inevitable delay in implementation that could create challenges for job seekers and employers.

For Job Seekers:

• Honesty is imperative: When discussing your history with potential employers, being upfront about past convictions and the recent pardon will build trust.
• Frame personal growth: Highlight how you’ve grown since the conviction. Focus on skills gained, educational achievements, or community involvement.
• Contextualize the pardon: Explain the governor’s initiative and its aim to rectify social injustices. This context can help employers manage your record.

For Employers:

• Conduct individualized assessments: Evaluate candidates case-by-case rather than relying solely on outdated background check results.
• Equip HR teams with training to recognize and mitigate biases against individuals with pardoned convictions.

Job seekers and employers must navigate this transitional period with transparency and fairness to ensure equitable hiring practices.

Fair Consideration of Candidates

Employers have a crucial role in ensuring equality and giving people with previous criminal records a second chance. This initiative aligns with the broader goals of social justice and inclusivity.

Apart from the fundamental internal policy changes to recruiting and onboarding new staff members, there are ways to navigate the interim. Instead of using general policies that automatically reject individuals based on their cannabis records, implement individual assessments. Consider factors such as the nature of the offense, how much time has passed since then, and rehabilitation evidence to give job applicants a second chance.

These strategies aim to create a work environment that is welcoming to everyone while also ensuring that companies comply with the changing background check landscape in Maryland. Giving fair consideration to all candidates benefits them and enriches the overall organizational culture by bringing in diverse perspectives. During this time of transformation, employers have an excellent opportunity to lead by example and show their commitment to fairness and social responsibility.

Finally, remember that Maryland voters approved a referendum legalizing recreational cannabis use for adults 21 and over. This law took effect in July 2023. Adults can now possess a specified amount of cannabis and purchase it from licensed dispensaries. It remains illegal to drive under the influence of marijuana or use it in public.