Employer Advice: Maine Employee Background Checks

Hiring a new employee can be exciting. A new team member often means your business is growing, work is getting done, and you can finally take a few things off your plate. But hiring also comes with a long list of compliance issues, and one of those issues is figuring out how to properly screen the people you bring on board. Between federal regulations, Maine-specific laws, and the actual work of verifying an applicant’s history, employee background checks can quickly become overwhelming.

In this article, we will walk through what an employee background check is, whether they are required in Maine, what they typically include, and answer some of the most common questions employers ask us. By the end, you will have a clear picture of how to use background checks the right way for your business.

Key Takeaways From This Article

• An employee background check is a screening tool that verifies an applicant’s history, including past employment, education, criminal records, and more, so you can make a more confident hiring decision.
• Most Maine background checks are not legally required, but certain roles, such as healthcare, childcare, education, and direct care positions, do require them by law.
• Maine has its own Fair Chance in Employment law (also called Ban the Box), which limits when you can ask about an applicant’s criminal history during the hiring process.
• Federal background checks search records across all 94 U.S. district courts, while state of Maine background checks pull from records within the state only, so a thorough screening often includes both.
• Working with a third-party screening provider helps you stay compliant with the FCRA, EEOC, and Maine-specific laws while saving you time and reducing risk.

What is an Employee Background Check?

An employee background check is a process used by employers to verify the information an applicant provides and to learn more about that person’s history before making a hiring decision. Background checks can include things like past employment, criminal history, education, professional licenses, driving records, and more.

Most employers in Maine partner with a third-party screening provider to run these checks, since doing it yourself can be time consuming and risky from a compliance standpoint. A good provider will pull information from public records, court systems, schools, and previous employers, then deliver a clear report you can use to guide your decision. Many businesses also pair background checks with applicant tracking software to streamline the entire hiring process from application to onboarding.

It is worth noting that a background check does not tell you whether to hire someone. It simply gives you the facts. The decision is still yours to make, and it should always be based on whether the information found is relevant to the job at hand.

Are Background Checks Required in Maine?

For most private employers in Maine, background checks are not legally required, but they are highly recommended. The vast majority of businesses run some form of background check before hiring, and for good reason. They help protect your business, your employees, and your customers from the risks that come with hiring someone who may not be who they claim to be.

There are certain industries and roles in Maine that do require background checks by law. If your business hires direct-access workers in healthcare, childcare facilities, schools, or other licensed facilities, Maine state law requires comprehensive background checks, including criminal history searches, under state law. The state even created the Maine Background Check Center through a partnership between the Department of Health and Human Services and the Department of Public Safety to help these employers meet their requirements.

Maine background checks are also unique because of the state’s Fair Chance in Employment law, which went into effect in October 2021. Under this law, Maine employers cannot ask about an applicant’s criminal history on the initial job application. You can ask during an interview, after the applicant has been determined qualified, or once a conditional offer has been made, but not before. Job postings also cannot say that applicants with a criminal history will not be considered. There are a few exceptions, such as roles where federal or state law mandates a disqualification based on certain convictions, but for most positions, this rule applies.

How This Impacts Municipalities

This is especially important for municipalities and government employers across the state. A government employee background check often involves additional layers of review, since these workers may have access to public funds, sensitive data, or vulnerable populations. If you are running a town office, school department, or other local government entity, having a clear and compliant screening process is critical. We work with a number of cities and towns across Maine, and you can learn more about how we support local government on our municipalities page.

Other Maine Compliance Reminders

A few other Maine-specific laws to keep in mind:

• The Substance Use Testing Law requires employers to develop and submit a drug testing policy to the Maine Department of Labor for approval before conducting pre-employment drug screens.
• The Medical Use of Marijuana Act prevents employers from refusing to hire someone solely because they are a medical marijuana patient, with some exceptions tied to federal law and federal contracts.
• Maine’s Social Media Law (26 MRSA §616) prohibits employers from asking applicants for their social media passwords or requiring them to access accounts in the employer’s presence.
• Pardoned convictions and sealed juvenile records cannot be sought or considered during the hiring process.

Staying on top of all of this can feel overwhelming, but it is essential for keeping your business compliant.

Possible Upcoming Changes to Maine Law

Maine’s background check and drug testing rules are not static. A couple of bills are currently working their way through the legislature that could change how you screen applicants and handle drug testing.

LD 1911: Automatic Sealing of Certain Criminal Records

This bill, known as the Act to Automatically Seal Criminal History Record Information for Certain Crimes, would automatically seal certain older, non-violent Class D and E convictions after five years, and eligible Class A, B, or C crimes after ten years, as long as the sentence is fully completed.

If it passes, some criminal records will no longer appear on Maine criminal background checks at all, and applicants with sealed convictions can legally answer “no” to conviction questions without it being treated as dishonesty. Using sealed information in a hiring decision, or asking questions designed to force disclosure, could expose your business to legal and discrimination risk, so you will want to review your job applications and interview questions if this becomes law.

LD 2110: Updates to Substance Use Testing Policies

LD 2110, the Act to Update Employer Substance Use Testing Policy Requirements, would add more steps before you can act on a positive drug test. Applicants would need to be given a chance to contest a non-negative result and provide a legitimate medical explanation, including for medical cannabis, before it can be treated as a confirmed positive.

A licensed Medical Review Officer, who cannot be your employee, would also become central to the process and would be the only person allowed to report a confirmed positive to you, rather than the lab reporting directly. Reasonable suspicion testing would tighten as well, requiring observable behavior such as appearance, speech, or conduct rather than anonymous tips, off-duty use, or a single accident with no signs of impairment.

Stay tuned for updates on these laws.

What Do Employee Background Checks Consist of?

Background checks are not all the same. The information you choose to verify should match the role you are hiring for. A bookkeeper, for example, may need a credit check, while a delivery driver needs a clean driving record. Here are some common pieces of an employee background check.

Employment History

Verifying employment history is one of the most common parts of a background check. This step confirms that the jobs, dates, and titles listed on an applicant’s resume are accurate. Some applicants exaggerate their experience or hide gaps in employment, so this verification helps you spot any inconsistencies early. It also gives you a better sense of whether the candidate truly has the background needed for the role.

Criminal Background Check

Maine criminal background checks are one of the most requested parts of any screening. This check looks at federal, state, and county records to see if the applicant has any criminal history. A federal background check pulls records from all 94 U.S. district courts through the PACER database, covering offenses like fraud and crimes that crossed state lines.

A state of Maine background check, on the other hand, pulls records from within the state through the Maine State Bureau of Identification. Most employers run both to get a complete picture, since a state-only check will not catch convictions from other jurisdictions. Remember, under EEOC guidance, any decision based on criminal history must be job-related and consistent with business necessity.

Professional Licenses

If your role requires a specific license or certification, such as a CDL, nursing license, or trade certification, you will want to verify that the applicant actually holds it and that it is in good standing. License verification can confirm whether the credential is active, expired, or suspended, which is critical for compliance and for making sure your new hire can legally do the job.

Educational History

Education verification confirms the schools, degrees, and certifications listed on a resume. Some applicants list degrees they never finished or schools they never attended. A quick verification clears that up. This is especially important for roles where a specific degree is a job requirement, such as engineering, accounting, or teaching positions.

What is National Crime Search?

When choosing a background screening provider, it helps to know what to look for. National Crime Search (NCS) is a PBSA accredited background screening company that has been providing full service background checks for over 20 years to more than 20,000 customers nationwide. They offer a wide range of services, including employee screening, drug screening, volunteer screening, tenant screening, and I-9 and E-Verify management. Their searches cover everything from multi-state and county criminal history to sex offender registries, motor vehicle reports, social security validations, and education and employment verifications. At Paper Trails, we partner with NCS to provide background screening services to our clients across Maine and beyond.

FAQs: Employee Background Checks

How far back does a background check go?

Under the Fair Credit Reporting Act, most non-conviction information, such as arrests that did not lead to a conviction, civil judgments, and tax liens, can only be reported for seven years. Bankruptcies can be reported for ten years. Criminal convictions, however, can generally be reported indefinitely under federal law, although Maine has its own rules around pardoned convictions and sealed juvenile records that limit what can be considered. There is also a salary exception under the FCRA: if the role pays more than $75,000 per year, some of these lookback limits may not apply.

How long does it take for a background check to happen?

Most background checks take anywhere from two days to a week, depending on what is being verified. Simple identity and Social Security checks can come back in minutes, while criminal record searches and education verifications take a bit longer. If you order a background check directly through the State of Maine, expect it to take a few weeks. Working with a third-party provider almost always speeds up the process, which matters when you are trying to fill a role quickly.

Do all government employees need a background check?

Not every government employee in Maine is required by law to undergo a background check, but most municipalities and state agencies require them as a matter of policy. Roles involving public safety, financial responsibility, access to confidential records, or work with vulnerable populations almost always require a thorough screening. Government employee background check services are common at the local, state, and federal levels, and many towns and cities in Maine have their own internal policies that go beyond what state law requires.

Are there any upcoming changes to Maine background check laws?

Yes, there are a couple of bills currently in the works that could affect how Maine employers screen applicants. LD 1911 would automatically seal certain older, non-violent criminal records, meaning some convictions would no longer appear on background checks. LD 2110 would update the state’s substance use testing requirements, adding more steps before a positive drug test can be acted on and giving a Medical Review Officer a bigger role in the process. Neither bill has passed yet, but both are worth keeping an eye on if you regularly run background checks or drug screens.

Why should employers use a background check?

Background checks help you hire with confidence. They reduce the risk of fraud, theft, and workplace violence, protect your company, and help you build a team you can trust. For small business owners and HR managers juggling a hundred priorities, that peace of mind is worth a lot.

Conclusion

Employee background checks are one of the most valuable tools you have as a Maine employer. They help you verify what applicants tell you, protect your business, and make hiring decisions you can stand behind. But running them the right way takes more than just pulling a report. 

At Paper Trails, our goal is to help Maine businesses navigate these complex hiring and compliance challenges so you can focus on running your business. If you have questions about background checks, applicant tracking, or any other piece of the hiring process, please contact our team.

Written: April 2026

Written By: Danielle Nemeth