§ 2-104. Staff

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Applicant" means an applicant for employment with the Commissioner.

   (3) "Central Repository" means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

   (4) "Employee" means a full-time or part-time employee of the Commissioner, including a temporary employee or a contractual employee.

(b) In general. -- The Commissioner may employ a staff in accordance with the State budget.

(c) Criminal history record check for each applicant or employee. -- The Commissioner shall apply to the Central Repository for a State and national criminal history records check for each applicant prior to an offer of employment.

(d) Application to Central Repository. -- The Commissioner may apply to the Central Repository for a State and national criminal history records check for an employee.

(e) Required submissions. -- As part of the application for a criminal history records check, the Commissioner shall submit to the Central Repository:

   (1) Two complete sets of the legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

   (2) The fee authorized under § 10-221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

   (3) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(f) Central Repository to forward information. -- In accordance with § 10-201 through 10-234 of the Criminal Procedure Article, the Central Repository shall forward to the subject applicant or employee and the Commissioner the applicant's or employee's criminal history record information.

(g) Confidentiality. -- Information obtained from the Central Repository under this section:

   (1) Shall be confidential;

   (2) May not be redisseminated; and

   (3) Shall be used only for the employment purpose authorized by this section.

(h) Contest of contents. -- The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10-223 of the Criminal Procedure Article.

(i) Consideration of felony or misdemeanor conviction. -- In considering any felony or misdemeanor conviction of an individual as it relates to the individual's qualification for employment with the Commissioner, the Commissioner shall consider:

   (1) The nature of the crime;

   (2) The relevance of the crime to the duties and responsibilities related to employment;

   (3) The length of time since the conviction; and

   (4) The behavior and activities of the individual since the conviction.

HISTORY: 1980, ch. 33, § 2; 1996, ch. 326, § 2; 2010, ch. 167.