Employers in Massachusetts can incorporate pre-employment background screenings into their hiring processes to help validate a candidate’s credentials and make informed hiring decisions. These screenings can include criminal background checks, verification of employment and education history, and driving record reviews. Regardless of the types of checks used, it is crucial for employers to comply with federal, state, and local laws governing background checks.

Massachusetts background checks provide employers with valuable information beyond what’s typically found in resumes or job applications. Employers can conduct these screenings themselves or partner with a trusted Consumer Reporting Agency (CRA) to ensure a thorough vetting process. The following overview details what Massachusetts background checks typically cover, the process involved, and the key laws that regulate them.

What Is a Massachusetts Background Check?

In Massachusetts, employers may use one or more types of background checks to assist in making hiring decisions. These checks often involve searching public records to verify or supplement information provided by candidates. Commonly reviewed records include criminal history, driving records, and employment background. Additionally, employers may use background checks for periodic employee screening as part of ongoing compliance.

How Long Does a Background Check Take in Massachusetts?

The time required for a background check in Massachusetts depends on the type of report requested and who conducts the screening.

Employers who opt to perform criminal background checks themselves must submit a Criminal Offender Record Information (CORI) request through the Department of Criminal Justice Information Services. This process reviews a candidate’s Massachusetts criminal court appearances based on name and date of birth and can take up to 10 days, though it may not provide a full criminal history.

To obtain faster, more comprehensive results, employers may choose to partner with a reputable CRA like Identify Background Checks. Though Massachusetts restricts CRAs from using CORI data without fulfilling specific criteria, CRAs have access to regularly updated databases and nationwide courthouse records, providing quicker turnaround times for background checks.

How Far Back Do Background Checks Go in Massachusetts?

The depth of a background check in Massachusetts varies depending on the type of check and the laws governing it. In general, employment background checks cover the last seven years of criminal and court records, in accordance with both state and federal regulations like the Fair Credit Reporting Act (FCRA).

Under the FCRA, CRAs are prohibited from reporting the following after seven years:

• Civil suits, judgments, and arrest records
• Paid tax liens
• Collections accounts
• Other adverse information, except for criminal convictions

However, while the FCRA allows indefinite reporting of criminal convictions, Massachusetts state law limits the reporting of all criminal cases, regardless of conviction status, to seven years. Bankruptcies may be reported for up to 10 years under the FCRA, though Massachusetts law allows for reporting up to 14 years.

These FCRA limitations do not apply to positions with salaries over $75,000 or for background checks conducted without a CRA’s involvement. However, Massachusetts state laws still restrict CRAs from disclosing outdated information regardless of salary.

CORI Background Checks in Massachusetts

The length of time a CORI background check in Massachusetts covers depends on the type of conviction. For instance:

• Misdemeanors are visible for five years
• Felonies are visible for 10 years
• Convictions of murder, manslaughter, and sex offenses remain indefinitely unless sealed or expunged.

CORI checks may include all conviction details if the employer or organization is authorized to access the information without time limitations.

What Shows Up on a Massachusetts CORI Check?

A Massachusetts CORI check provides criminal history from Massachusetts records. While access levels vary, standard CORI checks will show:

• Convictions for murder, manslaughter, and sex offenses
• Felony convictions less than 10 years old
• Misdemeanor convictions less than five years old
• Pending criminal cases

Employers can expand their searches beyond Massachusetts by utilizing additional criminal record screenings, such as nationwide or federal background checks, typically facilitated by CRAs.

Massachusetts Background Check Laws

Employers in Massachusetts conducting background checks must comply with various federal, state, and local regulations, which include protections against discrimination and unfair hiring practices.

Ban-the-Box Law

Massachusetts General Laws Chapter 151B §4 restricts employers from asking about:

• Arrests that did not lead to conviction
• First-time misdemeanor convictions
• Misdemeanors older than three years
• Sealed or expunged criminal records

Employers are prohibited from inquiring about criminal history on initial job applications, with some exceptions.

CORI Policy Requirement

Employers conducting five or more criminal background checks annually must maintain a written CORI policy, which must include:

• Notification to the candidate of possible adverse actions based on CORI findings
• A copy of the CORI policy and the record provided to the candidate
• Information on how to correct a criminal record if needed

M.G.L. CH.93 §52

This law prevents CRAs in Massachusetts from reporting negative information, such as arrests or civil suits, older than seven years. Bankruptcies may be reported for up to 14 years, though the FCRA limits bankruptcy reporting to 10 years.

M.G.L. CH.93 §62

Massachusetts employers must follow strict guidelines if they decide not to hire someone based on background check findings. They have 10 days to notify the candidate in writing and provide the candidate’s rights, along with the CRA’s contact information.

Massachusetts Pay Equity Act

The Massachusetts Pay Equity Act prohibits employers from requesting a candidate’s salary history during the hiring process.

Fair Credit Reporting Act (FCRA)

Employers must comply with the FCRA when conducting background checks, which includes obtaining written consent from the candidate and following specific procedures if an adverse hiring decision is made.