Maine ban-the-box law: 26 M.R.S. 600-A for recruiters

Maine's ban-the-box law, 26 M.R.S. section 600-A, bars employers from requesting criminal history record information on the initial employee application form, and from saying on an application or job ad that people with a criminal history may not apply or will not be considered. An employer may ask during an interview or once the candidate is determined otherwise qualified, and must then let the candidate explain the record and the circumstances of any convictions, including rehabilitation. It covers private employers of any size and Maine's towns and counties, but not state government positions. Violations carry fines of $100 to $500 each.

The statute

Section 600-A was enacted by Public Law 2021, chapter 404. It has five subsections:

1. Definitions. "Criminal history record information" has the meaning in Title 16, section 703. "Employer" is defined below.
2. Initial employee application form. Except as provided in subsection 4, an employer may not (A) request criminal history record information on its initial employee application form, or (B) state on an initial application form or advertisement, "or specify prior to determining a person is otherwise qualified for the position," that a person with a criminal history may not apply or will not be considered.
3. Interviews. An employer "may inquire about a prospective employee's criminal history record information during an interview or once the prospective employee has been determined otherwise qualified for the position." An employer that inquires "shall afford to the prospective employee the opportunity to explain the information and the circumstances regarding any convictions, including post-conviction rehabilitation."
4. Exceptions. An employer may ask about convictions on the initial application, or say that people with a criminal history may not apply, where a federal or state law, regulation or rule creates a mandatory or presumptive disqualification for the position based on certain offenses, or the employer is legally obligated not to employ people convicted of certain offenses in the position. Either way, the application questions must be limited to the offenses that create the disqualification or obligation.
5. Penalty. "This section must be enforced pursuant to section 626-A."

Who is covered, and who is not

Section 600-A defines an employer as "a person in this State who employs individuals." It includes municipalities and political subdivisions, and "a person acting in the interest of an employer directly or indirectly." It does not include an employer of an individual who holds a position in the legislative, executive or judicial branch of state government, or a position with a quasi-independent state entity or public instrumentality of the State.

So, unusually, Maine's law covers private employers and local government but carves out state government jobs. A recruiter filling a role with a Maine private company or a town is covered. For a state agency role, section 600-A does not apply; we did not check what other rules or policies govern criminal history questions in Maine state hiring.

What is allowed at each stage

The ad rule is the feature recruiters most often miss. Phrases like "clean record required" or "no felons" in a job posting for a Maine role are statements that people with a criminal history will not be considered, and they are only allowed where subsection 4 applies.

Individualized assessment and notices

Maine requires one step after an inquiry: the "opportunity to explain the information and the circumstances regarding any convictions, including post-conviction rehabilitation." The statute does not set a form, a deadline, a list of factors or a written notice. Employers usually fold the explanation into a review that looks at the nature and gravity of the offense, the time elapsed and the nature of the job, the factors in the EEOC's guidance under Title VII, and keep a record that the candidate was given the chance to respond.

Staffing agencies and recruiters

The words "a person acting in the interest of an employer directly or indirectly" bring an agency or recruiter into the rule when it screens or advertises for a Maine client. That has two practical effects:

• Job ads the agency posts for a client are covered by the ad rule. Check postings and job board templates for "clean record" language.
• The agency's own registration form is an initial application for its own temporary workers. Remove criminal history questions unless a subsection 4 exception applies to the assignments.

Penalties and enforcement

Under 26 M.R.S. 626-A, whoever violates section 600-A "is subject to a fine of not less than $100 nor more than $500 for each violation." Section 626-A also authorizes the Maine Department of Labor to collect fines incurred through violations of the subchapter. The statute does not say how violations are counted, so the safest course is to fix every application template and ad before a Maine role goes live.

How it fits with FCRA adverse action

If the employer uses a screening company, the FCRA applies: a stand-alone disclosure and written authorization before the check, a pre-adverse action notice with a copy of the report and the summary of rights, a reasonable wait, and then the adverse action notice. The FCRA waiting period is a natural time to give the Maine opportunity to explain. See the FCRA background check process and background check notification emails.

What section 600-A does not cover

• No conditional offer rule. The earliest point is an interview or a finding that the candidate is otherwise qualified, not an offer.
• No size threshold. Any person in Maine who employs individuals is covered, so small private clients are in scope.
• No written notice or waiting period. The only procedural step after an inquiry is the opportunity to explain.
• No list of records that may never be considered. Section 600-A does not separately address arrests, sealed or pardoned records; we did not review other Maine laws on those records for this page.

Maine cities may have their own policies, and federal contractors are subject to the federal Fair Chance Act. We did not check local rules for this page.

A script for Maine screens

The candidate volunteers a conviction

"Thanks for telling me. That isn't part of my screening, so I won't ask about it or write it down. If it comes up later in the employer's process, you'll get a chance to explain."

The client's draft ad says "clean record required"

"Maine doesn't allow ads that say people with a record won't be considered, unless a law disqualifies people with certain convictions from this job. Is there one? If not, let's take that line out."

The candidate asks if there is a background check

"If there is, it comes later. You'd be asked to authorize it, and you'd have a chance to explain anything in it before a decision."

A Maine checklist for recruiting desks

1. Confirm whether the role is with a private employer or local government (covered) or with state government (not covered by 600-A).
2. Remove criminal history questions from initial applications and "clean record" language from ads and templates.
3. Document any subsection 4 exception and limit the question to the disqualifying offenses.
4. Keep criminal history out of the recruiter screen and submittal. See what not to write in interview notes.
5. Agree with the client who gives the opportunity to explain and how it is recorded.
6. For other states, see ban-the-box laws and interview questions; Vermont's law uses very similar wording (Vermont).