Section 5-556 – Failure to Disclose Prior Conviction or Existence of Pending Charge
(a) An individual who fails to disclose a conviction, a probation before judgment disposition, a not criminally responsible disposition, or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 5–553 of this subtitle shall be guilty of perjury and upon conviction is subject to the penalty provided by […]
Section 5-557 – Immunity From Civil or Criminal Liability
The following governmental units or persons shall have the immunity from civil or criminal liability described under § 5–619 of the Courts Article in connection with a criminal history records check under this Part V of this subtitle: (1) an employer; and (2) a State or local agency, including a local department.
Section 5-558 – Duties of Secretary
On or before August 15, 1986, the Secretary shall: (1) provide for the adoption of a specified form or forms to be used in applying for the criminal history records check to be issued by the Department, including an appropriate disclosure statement; (2) designate the appropriate State or local law enforcement offices in the State, or other […]
Section 5-559 – Criminal History Records Checks in Emergency Out-of-Home Placements
(a) In this section, “emergency out–of–home placement” means an out–of–home placement in which a local department places a child in the home of a private individual, including a neighbor, friend, or relative, as a result of a sudden unavailability of the child’s primary caretaker. (b) (1) If a child is placed in an emergency out–of–home placement, a local […]
Section 5-554 – Duties of Department
(a) (1) (i) The Department shall conduct the criminal history records check and issue the printed statement provided for under this Part V of this subtitle. (ii) It shall update an initial criminal history records check for an employee, employer, or individual identified in § 5–551(c), (d), (e), or (f) of this subtitle and issue a revised printed statement […]
Section 5-554.1 – Cross-Reference Check
The State Department of Education shall conduct a cross–reference check, including cross–referencing the individual and the individual’s address, with the central registry of registrants transmitted weekly by the Department under § 11–713 of the Criminal Procedure Article, of: (1) an employee, employer, or individual identified in § 5–551(b)(1), (b)(2), or (c)(5)(i) of this subtitle; and (2) an […]
Section 5-555 – Contesting Findings
An individual may contest the finding of a criminal conviction, a probation before judgment disposition, a not criminally responsible disposition, or pending charge reported in a printed statement in accordance with §§ 10–223 through 10–228 of the Criminal Procedure Article.
Section 5-550 – Definitions
(a) In this Part V of this subtitle the following words have the meanings indicated. (b) “Conviction” means a plea or verdict of guilty or a plea of nolo contendere. (c) “Department” means the Department of Public Safety and Correctional Services. (d) (1) “Employee” means a person that for compensation is employed to work in a facility identified in § […]
Section 5-551 – Required; Facilities Requiring Criminal History Records Check
(a) Notwithstanding any provision of law to the contrary, an employee and employer in a facility identified in subsection (b) of this section and individuals identified in subsection (c) of this section shall apply for a national and State criminal history records check at any designated law enforcement office in this State or other location approved […]
Section 5-552 – Printed Statement
(a) (1) On or before the 1st day of actual employment, an employee shall apply to the Department for a printed statement. (2) On or before the 1st day of actual operation of a facility identified in § 5–551 of this subtitle, an employer shall apply to the Department for a printed statement. (3) (i) Before an individual may be […]