Massachusetts Employment Background Screening Laws in 2025: A Comprehensive Guide

Massachusetts is known for its robust protections for job applicants, particularly those with criminal records. Consequently, employers must navigate a complex web of laws to ensure compliance. For instance, the state’s Criminal Offender Record Information (CORI) system and “Ban the Box” regulations set clear boundaries on how criminal history can be used in hiring decisions.

Moreover, these laws aim to reduce barriers for rehabilitated individuals, aligning with Massachusetts’ commitment to fair employment. Employers, therefore, need to stay informed to avoid legal pitfalls, such as discrimination lawsuits.

This guide provides a comprehensive overview of your responsibilities, the legal limitations on using criminal records, and recent legal precedents to help you remain compliant and foster a fair and equitable workplace.

Understanding the Legal Landscape: CORI and “Ban the Box”

Massachusetts has long been at the forefront of reforming how criminal records are used in employment. The state’s approach is twofold, focusing on both the timing of inquiries and the substance of what can be considered.

At the heart of these regulations is the “Ban the Box” law, formally known as Massachusetts General Laws Chapter 151B, Section 4(9½). This statute explicitly prohibits employers from asking about a job applicant’s criminal history on an initial written application. The intent is to give all candidates a fair chance to be judged on their qualifications and experience before any potential biases related to a criminal past come into play. Consequently, questions about prior convictions should only be raised later in the hiring process, typically during or after an interview.

Once an employer decides to move forward with a candidate and wishes to conduct a background check, they must navigate the state’s Criminal Offender Record Information (CORI) system. Access to and use of CORI data is tightly regulated to protect applicant privacy and prevent discrimination. Employers must obtain written consent from the applicant before accessing their CORI report.

For more detailed information, employers should consult the official Massachusetts government website on hiring employees and the specifics of M.G.L. c. 151B.

How Many Years Back Can You Look? The Decisive Timeframes

One of the most critical aspects of Massachusetts’ background check laws is the “look-back” period—the timeframe within which a criminal offense can be considered in a hiring decision. It’s not an indefinite window. For most employers, the following limitations apply:

• Misdemeanors: An employer cannot consider a misdemeanor conviction if the date of conviction or the completion of any incarceration is more than three years prior to the employment application.
• Felonies: The look-back period for felony convictions is ten years from the date of conviction or the end of any incarceration.
• However, there are significant exceptions. Convictions for murder, manslaughter, and certain sex offenses can be considered indefinitely. It’s also crucial to remember that employers are strictly forbidden from asking about or considering arrests that did not lead to a conviction, or any records that have been sealed or expunged.

The Massachusetts Commission Against Discrimination (MCAD) provides extensive guidance for employers on these matters, emphasizing a fair and individualized approach.

Beyond the Report: The Individualized Assessment

Receiving a CORI report with a conviction within the legal timeframe does not give an employer automatic grounds to disqualify a candidate. Massachusetts law, in line with federal guidance from the Equal Employment Opportunity Commission (EEOC), requires an individualized assessment. This means an employer must consider:

1. The nature and gravity of the offense.
2. The time that has passed since the offense and/or completion of the sentence.
3. The nature of the job sought.

Essentially, there must be a direct and relevant connection between the criminal offense and the specific responsibilities of the job. A blanket policy of excluding any applicant with a criminal record is likely to be found discriminatory. For instance, a minor theft conviction from six years ago may not disqualify a candidate for an office role, but it could be relevant for a financial position. As a result, blanket policies rejecting all applicants with records are risky and may violate anti-discrimination laws.

Before making a final adverse hiring decision based on a CORI report, an employer must also follow a specific adverse action process. This involves:

1. Notifying the applicant of the potential adverse decision.
2. Providing the applicant with a copy of their CORI report.
3. Informing the applicant of their right to dispute the accuracy of the report.

This process ensures transparency and gives the candidate an opportunity to correct any errors in their record.

New Credit Check Restrictions in 2025

Starting January 1, 2025, Massachusetts imposes strict limits on using credit checks for employment decisions, as outlined in proposed legislation amending M.G.L. c. 93A. Employers cannot request or use credit reports unless required by federal or state law (e.g., for national security clearance roles). This change aims to reduce barriers for applicants with poor credit, ensuring fairer hiring practices.

However, other background checks, such as criminal history or driving records, remain unaffected. Employers should update their screening policies to comply with this new law.