Criminal Records in Massachusetts Employment
Understanding Massachusetts employer restrictions on criminal history inquiries.
Understanding Massachusetts Restrictions on Criminal History in Hiring
Massachusetts has established comprehensive legal frameworks to protect job applicants with criminal histories from employment discrimination. These protections represent a significant shift in how employers can evaluate candidates based on past legal involvement, creating what has become known as a “ban the box” approach to hiring. The state’s regulatory landscape combines statutory restrictions with agency guidelines to ensure fair employment practices while allowing employers to make informed hiring decisions when appropriate.
The Foundation of Fair Hiring: Massachusetts Ban the Box Legislation
The cornerstone of Massachusetts employment law regarding criminal records is found in Massachusetts General Laws Chapter 151B, Section 4, which applies uniformly to both public and private sector employers. This foundational statute prohibits employers from requesting information about an applicant’s criminal history on initial written job applications. The restriction extends beyond simple conviction inquiries to encompass questions about arrests, detentions, and dispositions that did not result in convictions.
A significant enhancement to this law came through Massachusetts Senate Bill 2371, Chapter 69 of the Acts of 2018, which strengthened protections by reducing the lookback period for misdemeanor inquiries from five years to three years. This reform ensures that applicants are not indefinitely burdened by minor criminal matters resolved in the distant past. Additionally, employers cannot ask about any sealed or expunged criminal records, recognizing that certain convictions have been legally erased from consideration.
Temporal Limitations on Criminal History Inquiries
Massachusetts law establishes clear time-based boundaries for how far back employers can examine an applicant’s criminal history. Under Massachusetts General Laws Chapter 93, Section 52, when background checks are conducted by consumer reporting agencies (CRAs), most criminal information is limited to a seven-year reporting window. This restriction applies to arrests, indictments, and convictions alike, providing a defined timeline beyond which employers cannot consider such matters.
The three-year lookback period for misdemeanors represents an even tighter restriction, meaning that minor criminal convictions older than three years cannot be inquired about or used in hiring decisions. This temporal protection acknowledges that individuals deserve to move forward from minor infractions without perpetual employment barriers, while allowing consideration of more serious matters within the extended seven-year window.
Procedural Requirements Before Inquiring About Criminal Records
Massachusetts law imposes strict procedural obligations that employers must follow before they can lawfully inquire about an applicant’s criminal history. Under Massachusetts Senate Bill 2583, Chapter 256 of the Acts of 2010, employers cannot question candidates about their criminal records without first providing them with a copy of any criminal offender record information (CORI) in the employer’s possession.
This requirement serves multiple purposes: it ensures transparency by allowing applicants to know exactly what information is being considered, enables applicants to identify and challenge inaccuracies, and creates a documented record of the information reviewed. This protective measure applies regardless of whether the criminal record was obtained from state sources or other sources.
Written CORI Policy Requirements for Employers
Employers who conduct five or more Massachusetts criminal record checks annually must establish and maintain a written Criminal Offender Record Information (CORI) policy. This requirement applies equally whether employers obtain criminal records directly from government sources or through consumer reporting agencies, and it extends to out-of-state employers who conduct criminal background checks on Massachusetts residents with comparable frequency.
The written CORI policy must include several mandatory components:
- A statement that the employer will provide candidates with notice of potential adverse employment decisions based on criminal record information
- A copy of the actual criminal record information obtained
- A copy of the employer’s written CORI policy itself
- Information regarding the candidate’s rights and the process for correcting inaccuracies in criminal records
These disclosure requirements ensure that applicants understand the basis for any adverse hiring decisions and have meaningful opportunities to correct erroneous information that might unfairly impact their employment prospects.
The Adverse Action Process: Protecting Applicant Rights
When an employer decides not to hire an applicant based on criminal record information, Massachusetts law mandates a specific adverse action procedure. Under Massachusetts General Laws Chapter 93, Section 62, employers must notify the applicant within ten days in writing of the adverse decision. This notification must include the name, address, and phone number of the consumer reporting agency (if applicable) and must inform the applicant about their rights.
The adverse action notice requirement serves as a critical safeguard, informing applicants why they were not hired and what recourse they have. Applicants who receive such notices may dispute the accuracy of information, request corrections, or understand the employer’s reasoning based on specific criminal record entries rather than general impressions or assumptions.
Federal Compliance Requirements: The Fair Credit Reporting Act
Massachusetts employers who engage consumer reporting agencies to conduct background checks must comply with the federal Fair Credit Reporting Act (FCRA). Under the FCRA, employers must provide written notice to applicants before conducting background checks and must obtain written consent before proceeding. This federal framework adds an additional layer of protection, requiring documented authorization before any investigation begins.
The FCRA also governs the adverse action process, requiring employers to follow specific notification procedures if background check information leads to a negative employment decision. While the FCRA itself places no time limit on reporting criminal convictions, Massachusetts state law imposes the seven-year restriction on arrests and convictions conducted through CRAs, creating a situation where state law provides stronger protections than federal requirements.
Information Reporting Timeframes and Restrictions
Massachusetts law establishes specific timeframes for different categories of information that consumer reporting agencies can include in background reports:
| Information Category | Reporting Timeframe |
|---|---|
| Arrests, indictments, and convictions | Seven years |
| Misdemeanor convictions (inquiry only) | Three years |
| Civil lawsuits and judgments | Seven years |
| Paid tax liens | Seven years |
| Collection accounts | Seven years |
| Bankruptcies | 14 years |
These timeframes create a clear hierarchy of information age restrictions, with bankruptcy information receiving the longest reporting window and misdemeanor inquiries receiving the shortest. This structure reflects policy judgments about which types of historical information remain relevant to employment decisions.
Sealed and Expunged Records: Permanent Protections
Under Massachusetts law, employers cannot ask applicants about any sealed or expunged criminal records. Once a record has been sealed or expunged through appropriate legal procedures, it is treated as if it never existed for employment purposes. This protection recognizes that the criminal justice system provides mechanisms for individuals to obtain relief from conviction-based disabilities, and employers must respect those legal erasures by treating the records as nonexistent.
This means that an applicant who has had their criminal record sealed or expunged can truthfully answer that they have no criminal history, and employers cannot inquire further or penalize the applicant for the existence of sealed or expunged matters.
Methods for Obtaining Criminal Background Information
Massachusetts employers have multiple pathways for obtaining criminal record information, each with distinct requirements and limitations. Employers can choose to conduct background searches themselves by requesting records from various sources including law enforcement agencies, courthouses, previous employers, and educational institutions. Alternatively, employers can engage qualified consumer reporting agencies to handle the investigation and reporting process.
Employers seeking to conduct their own investigations can access Massachusetts driving records through the state’s Driver Verification Program (DVS), though this source provides only driving history, not criminal history. For actual criminal records, employers must contact specific courthouses or law enforcement agencies that maintain such information.
Related Employment Protections and Restrictions
Beyond restrictions specifically addressing criminal history, Massachusetts has established additional employment protections relevant to the hiring process. The state’s Pay Equity Act prohibits employers from screening applicants based on salary history, reflecting policy concerns about perpetuating wage discrimination through hiring practices. Additionally, Massachusetts has moved to restrict employer use of credit checks and credit-related information in employment decisions, with legislation requiring employers to cease credit-based screening by January 1, 2025.
These complementary restrictions demonstrate Massachusetts’ broader commitment to removing barriers to employment and preventing discrimination based on factors that may be correlated with protected characteristics or that unfairly burden disadvantaged populations.
Special Considerations for Multi-State Employers
Employers operating in Massachusetts while maintaining operations in other states must navigate varying legal requirements across jurisdictions. The Massachusetts CORI requirements apply to out-of-state employers conducting five or more criminal background checks on Massachusetts residents annually. This means that national employers cannot simply apply uniform national policies but must ensure Massachusetts-specific compliance for all background check activity involving Massachusetts applicants.
Frequently Asked Questions
Q: Can an employer ask about criminal history during a phone screening before conducting a formal application?
A: No. The ban the box law prohibits inquiries about criminal history during “initial written employment applications,” and employers generally should not inquire about criminal history verbally during preliminary screening stages. Once an applicant provides information or reaches later stages of consideration, employers must follow the required procedures including providing copies of records and following adverse action procedures.
Q: What should an applicant do if they receive an adverse action notice based on inaccurate criminal record information?
A: The applicant should contact the consumer reporting agency identified in the adverse action notice and request correction of the inaccurate information. Applicants have rights to dispute information they believe is incorrect and the CRA must investigate and correct or delete inaccurate information within a specified timeframe.
Q: Does the seven-year lookback period apply to all employers or only those using consumer reporting agencies?
A: The seven-year limitation under Massachusetts General Laws Chapter 93, Section 52 applies specifically to consumer reporting agencies conducting background checks. Employers conducting their own investigations directly through government sources may face different limitations depending on what information is available from those sources.
Q: Are there any exceptions to the ban the box restrictions?
A: Yes, the law provides limited exceptions. Certain positions, such as those involving child care, elder care, or positions with specific licensing requirements, may allow earlier inquiry into criminal history. Employers should consult legal counsel regarding specific position exceptions.
Q: What is the difference between sealed and expunged records, and how do they affect employment?
A: Sealed records remain in the system but are not accessible to the public or employers without court order, while expunged records are deleted from the system entirely. For employment purposes, both sealed and expunged records should be treated as non-existent, and employers cannot inquire about either type.
Q: Must employers provide applicants with advance notice before requesting criminal records through a CRA?
A: Yes. Under the FCRA, employers must provide written notice and obtain written consent before conducting background checks through consumer reporting agencies. Additionally, before inquiring about criminal history, employers must provide applicants with a copy of any CORI information in their possession.
References
- Massachusetts Background Checks: Laws, CORI & Employment Guide — Checkr. Accessed February 2026. https://checkr.com/background-check/massachusetts
- Massachusetts Background Check for Employment — iProspectCheck. Accessed February 2026. https://iprospectcheck.com/massachusetts-background-check/
- Massachusetts Set to Restrict Employers from Using Credit Checks in Making Employment Decisions — Seyfarth Shaw LLP. Accessed February 2026. https://www.seyfarth.com/news-insights/massachusetts-set-to-restrict-employers-from-using-credit-checks-in-making-employment-decisions.html
- Guide to Criminal Records in Employment and Housing — Commonwealth of Massachusetts. Accessed February 2026. https://www.mass.gov/guides/guide-to-criminal-records-in-employment-and-housing
- Criminal-Background-Checks-Massachusetts-CORI-Law — Jackson Lewis P.C. Accessed February 2026. https://www.jacksonlewis.com
- An Employer’s Guide to Massachusetts Background Checks — ScoutLogic Screening. Accessed February 2026. https://www.scoutlogicscreening.com/blog/massachusetts-background-checks-guide/
- 50-State Comparison: Limits on Use of Criminal Record in Licensing and Employment — Collateral Consequences Resource Center. Accessed February 2026. https://ccresourcecenter.org/state-restoration-profiles/50-state-comparisoncomparison-of-criminal-records-in-licensing-and-employment/
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