Massachusetts New Criminal Background Check Law

Massachusetts’ Governor Signs CORI Reform Law

Massachusetts’ Governor Deval Patrick signed a law preventing employers from seeking disclosure of job applicants’ criminal record information prior to the interview stage of the hiring process. The Massachusetts Commission Against Discrimination has enforcement authority over the existing Criminal Records Statute, G.L. c 151B, Section 4 (9). Under the newly revised Criminal Offender Record Laws employers may not:

• Ask the job applicant prior to the interview any information about his/her criminal history on the written application, certain statutory exceptions may apply.
• Ask the job applicant prior to the interview whether or not he/she has been convicted of a felony or misdemeanor on the written application, certain statutory exceptions may apply.
• Ask an applicant to obtain a copy of his/her CORI record.
• Orally or in writing ask an applicant or current employee about a prior arrest, detention or disposition that did not result in a conviction.
• Orally or in writing ask an applicant or current employee about a prior first conviction for any of the following misdemeanors- drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace.
• Orally or in writing ask an applicant or current employee about a conviction of a misdemeanor where the date of the conviction predates the inquiry by more than 5 years, or
• Orally or in writing ask an applicant or current employee about sealed records or juvenile offenses.

Under the law, an employer is one who employs six or more persons and public employers regardless of the number of people employed. The term employer also includes temporary employment agencies.

For more information on the CORI Law MCAD has created a Criminal Offender Record Information Administrative Procedure Reforms Fact Sheet which is available at http://www.mass.gov/mcad/documents/Criminal%20Records%20Fact%20Sheet.pdf.