If you want to use or take a lie detector test in Maryland you should know what laws apply. There are no laws, regulations or licensing regulating polygraph examiners. However, Maryland has a very old law mostly dealing with employment. Under Maryland law, an employer may not require or demand a polygraph test as a condition of employment, prospective employment, or continued employment. Maryland even makes employers provide the follow disclaimer.
State of Maryland Polygraph Law Disclaimer
This disclosure is required by the laws of the State of Maryland for all applicants for employment.
“Under Maryland Law an employer may not require or demand any applicant for employment, prospective employee, or any current employee, to submit to, or take, a polygraph, lie detector or similar test or examination as a condition of employment or continued employment. Any employer who violates this provision is guilty of a misdemeanor and subject to a fine not to exceed $100.”
However the same law exempts Federal, State and local governments. So if you are looking for a job within Maryland in the public sector you may be required to take a polygraph. Each level of government may have different requirements so check the conditions and requirements for employment carefully. If you are applying for a job in law enforcement you will most likely be required to take some kind of lie detector test.
There are also Federal laws that apply to employers in the State of Maryland. This law is known as the American Polygraph Protection Act or EPPA. Follow this link for EPPA laws.
Who may take a lie detector or polygraph tests?
1. Anyone who wants to volunteer to take a test other than where prohibited by law. Polygraph tests are given or used with the treatment of sexual offenders. People on parole or probation that are enrolled in mandated sex offender treatment. These types of examinations are administered by both the Maryland State Police and private examiners.
2. Defendants accused of crimes may elect to take a polygraph given by law enforcement or private examiners. Results are not generally admitted into evidence at the time of trial but results may be very helpful to a defense attorney during discussion or negotiations with prosecutors. I’ll blog more about criminal defense polygraph tests later.
4. The lie detector is now also commonly used to verify a person’s claim of fidelity.
If you would like more information call me at my office located at 111 North Potomac Street Hagerstown, Maryland 21740. You also may follow me on Tweeter and other social networks.