Massachusetts Employment Screening Laws: 2026 Employer Guide
Massachusetts employment screening laws rank among the strictest in the country. Therefore, every Massachusetts employer needs a clear compliance roadmap.
This guide explains the CORI Law, Ban the Box, lookback limits, and adverse action duties. Moreover, it names the statute and the agency behind each rule.
Massachusetts Background Check Laws at a Glance
Massachusetts spreads its screening rules across several chapters of the General Laws. Consequently, employers must track four agencies at once.
Use the table below as a quick reference. Afterward, read each section for the practical detail.
| Statute or Regulation | What It Governs | Administering Agency |
|---|---|---|
| M.G.L. c. 6, §§ 167–178B and 803 CMR 2.00 | CORI Law. Sets who may request Massachusetts criminal records, which access level applies, and how employers must store and share results. | Department of Criminal Justice Information Services (DCJIS) |
| M.G.L. c. 151B, § 4(9) and § 4(9½) | Ban the Box and prohibited criminal record questions. Bars criminal history on the initial written application and blocks several categories of inquiry outright. | Massachusetts Commission Against Discrimination (MCAD) |
| M.G.L. c. 93, §§ 50–68 | Massachusetts Consumer Credit Reporting Act, the state mini–FCRA. Caps how far back a consumer reporting agency may report adverse items. | Office of Consumer Affairs and Business Regulation; Office of the Attorney General |
| M.G.L. c. 276, §§ 100A–100K | Sealing and expungement. Lets eligible applicants answer “no record” once a court seals the case. | Office of the Commissioner of Probation; Trial Court |
| M.G.L. c. 149, § 19B | Lie detector statute. Requires a specific written notice inside every job application used in Massachusetts. | Office of the Attorney General, Fair Labor Division |
| M.G.L. c. 149, § 105A and Ch. 141 of the Acts of 2024 | Pay equity, salary history ban, and pay transparency in job postings. | Office of the Attorney General; Secretary of the Commonwealth |
| M.G.L. c. 90, § 30 | Motor vehicle records. Governs release of Massachusetts driving histories alongside the federal Driver’s Privacy Protection Act. | MassDOT Registry of Motor Vehicles (RMV) |
The CORI Law: How Massachusetts Criminal Records Work
Criminal Offender Record Information, or CORI, is the Commonwealth’s official criminal history system. DCJIS runs it through the iCORI portal.
Employers register with DCJIS before they request anything. After registration, the agency assigns an access level that controls what the report shows.
Access levels decide what you actually see
Most private employers receive Standard Access. That level returns pending charges plus a limited conviction window.
Required Access goes to schools, hospitals, elder care providers, and similar mandated employers. Those employers see the full adult record.
- All pending criminal charges
- Felony convictions for 10 years after disposition or release from custody
- Misdemeanor convictions for 5 years after disposition or release from custody
- Murder, manslaughter, and sex offenses with no time limit at all
Four CORI duties employers often miss
First, obtain a signed CORI Acknowledgement Form before each request. Additionally, verify identity with a government photo ID and keep the form for one year.
Second, maintain a written CORI policy if you run five or more criminal background investigations a year. That duty sits in M.G.L. c. 6, § 171A and 803 CMR 2.16.
Third, give the applicant a copy of the criminal record before you ask about it. Skipping that step invites an MCAD charge.
Fourth, log any secondary dissemination for one year. Specifically, record the subject, the date, the recipient, and the purpose.
Notably, DCJIS extended several of these duties to criminal history from any source, not just iCORI. As a result, a private CRA report triggers the same playbook.
Ban the Box in Massachusetts
Massachusetts passed one of the first statewide Ban the Box laws in 2010. Since then, lawmakers tightened it twice.
Under c. 151B, § 4(9½), you may not ask about criminal history on an initial written application. However, two narrow exceptions exist.
The exceptions are narrow
You may ask on the application when federal or state law presumptively disqualifies a conviction for that role. Likewise, you may ask when a statute bars you from employing someone with a specified conviction.
Otherwise, wait. Ask about convictions during the interview stage instead.
Questions you may never ask
Section 4(9) goes further than the application form. In fact, it removes whole categories from the conversation permanently.
- Arrests, detentions, or any disposition without a conviction
- First convictions for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace
- Misdemeanor convictions where conviction or release happened three or more years ago
- Any record sealed or expunged under c. 276
Furthermore, the three-year misdemeanor clock resets if the applicant picked up a later conviction. Review the full record before you conclude anything.
Lookback Limits for Massachusetts Criminal Background Checks
Massachusetts sets lookback limits in two different places. Therefore, employers must apply the shorter of the two rules.
c. 151B, § 4(9) bars questions about misdemeanor convictions three or more years old.
DCJIS returns misdemeanor convictions for five years after disposition or release.
Felony convictions appear for ten years after disposition or release from custody.
c. 93, § 52 blocks a CRA from reporting arrests, indictments, or convictions older than seven years.
These convictions stay on a CORI report permanently, whatever the access level.
Open cases appear on every access level. Still, a pending charge is not a conviction.
Why the seven-year rule matters most
The Massachusetts mini–FCRA differs sharply from federal law. Under the FCRA, a consumer reporting agency may report convictions forever.
Massachusetts, by contrast, cuts reporting off at seven years from disposition, release, or parole. Moreover, c. 93, § 52 carries no salary-based exception for employment reports.
So a compliant Massachusetts screening package applies the seven-year cap by default. Above all, never assume the federal rule controls.
Adverse Action: The Massachusetts Two-Layer Process
Federal law sets the floor. Massachusetts then stacks extra duties on top.
Layer one: the federal FCRA steps
The FTC and EEOC joint guidance lays out four steps. Follow them in order.
- DiscloseGive a clear, standalone written disclosure. Never bury it in the application.
- AuthorizeCollect written permission before you order the report.
- Pre-adverse noticeSend a copy of the report plus the Summary of Rights. Then pause so the applicant can respond.
- Adverse action noticeName the CRA and state that it did not make the decision. Then explain the 60-day dispute right.
Layer two: the Massachusetts CORI steps
Under 803 CMR 2.18, you must do more before you reject anyone over criminal history. Importantly, these duties apply to records from any source.
- Notify the applicant of the potential adverse decision
- Identify the exact entries that drive the decision
- Disclose where the information came from
- Share your written CORI policy when you have one
- Give a reasonable chance to dispute accuracy
- Document every step you took
Run an individualized assessment
MCAD expects a real analysis, not a blanket rule. Accordingly, weigh the offense, its seriousness, and the time since it happened.
Next, weigh the connection between the record and the job duties. Finally, consider rehabilitation evidence and work history.
Credit Reports in Massachusetts Hiring
Massachusetts has not banned employment credit checks. House Bill H.1434 passed the House in March 2024. However, the Senate took no further action. That session closed on 31 December 2024.
A successor bill, H.2119, moved into a new draft (H.4450) in September 2025. However, no Massachusetts statute restricts employment credit reports today.
So federal FCRA rules and c. 93, §§ 50–68 still govern credit checks here. Consequently, you need a permissible purpose, a standalone disclosure, and written authorization.
Tie any credit inquiry to genuine job duties. Otherwise, you invite a disparate impact claim under c. 151B.
Watch the bill anyway. Should lawmakers revive it, the restriction would reach hiring, promotion, reassignment, and retention decisions alike.
Salary History and Pay Transparency Rules
You cannot ask about pay history
The Massachusetts Equal Pay Act, c. 149, § 105A, bars you from seeking a candidate’s wage or salary history. That ban covers your application, your recruiters, and your background screening vendor.
An applicant may volunteer the figure. Even then, never ask a former employer to confirm it before you make an offer.
Postings now need a pay range
Chapter 141 of the Acts of 2024 took effect on 29 October 2025. Since that date, employers with 25 or more Massachusetts employees must publish a good-faith pay range in every posting.
Employers with 100 or more employees also file wage data reports with the Secretary of the Commonwealth. Meanwhile, the Attorney General enforces the posting rules.
The Lie Detector Notice Every Application Needs
Plaintiffs filed a wave of Massachusetts class actions over this notice during 2025. Most defendants simply forgot one paragraph.
M.G.L. c. 149, § 19B bans lie detector tests as a condition of employment. Beyond that ban, it requires a specific written notice.
That notice must sit inside the job application itself. A separate handbook page will not satisfy the statute.
Damages start at $500 per violation. Additionally, courts may award treble damages for lost wages plus attorney fees.
Review your Massachusetts application today. Then confirm the statutory language appears verbatim.
Massachusetts Driving Records and MVR Checks
The MassDOT Registry of Motor Vehicles holds every Massachusetts driving history. Access runs through M.G.L. c. 90, § 30 and the federal Driver’s Privacy Protection Act.
Employment is a permissible DPPA purpose for drivers and CDL holders. Still, you need written consent from the applicant first.
Order an MVR whenever driving forms part of the job. For example, delivery, trucking, outside sales, and CDL roles all qualify.
Massachusetts also reports commercial violations to the federal CDLIS network. Therefore, DOT-regulated employers should pair the MVR with a three-year employment verification.
Sealed and Expunged Records
Massachusetts lets people seal eligible cases through the Commissioner of Probation. The 2018 criminal justice reform shortened the waiting periods sharply.
Misdemeanors become eligible three years after disposition. Felonies become eligible after seven years.
Once a court seals a case, c. 276, § 100A lets the applicant answer “no record” on your application. That answer is lawful and truthful.
Never penalize an applicant for it. Similarly, never ask a candidate to run a personal CORI and hand it over, since sealed entries can surface there.
Drug Testing and Cannabis in Massachusetts
Massachusetts has no comprehensive workplace drug testing statute. Instead, courts apply privacy law under M.G.L. c. 214, § 1B and balance employer need against employee privacy.
Recreational cannabis is legal here. Nevertheless, no statute protects off-duty use from employer discipline.
Medical cannabis patients get more protection. In Barbuto v. Advantage Sales & Marketing (2017), the Supreme Judicial Court held that c. 151B may require an accommodation analysis for a registered patient.
So engage in the interactive process before you withdraw an offer. Document the safety rationale whenever you deny the accommodation.
Industry-Specific Screening Requirements
Certain Massachusetts employers face mandatory checks. Below are the most common ones.
Schools and childcare
M.G.L. c. 71, § 38R requires CORI checks on school employees and contractors. Additionally, 603 CMR 51.00 adds national fingerprint checks through the Department of Elementary and Secondary Education.
Healthcare and long-term care
M.G.L. c. 111, § 72F directs long-term care facilities to run CORI checks on prospective employees. The Executive Office of Health and Human Services administers the related registry checks.
Elder and disability services
Providers under the Executive Office of Aging and Independence use Required Access CORI. Moreover, abuse registry screening applies to direct-care staff.
Transportation and rideshare
M.G.L. c. 159A½ requires Department of Public Utilities background checks for transportation network drivers. Those reviews include CORI and driving history.
Financial services
Federal law, not Massachusetts law, drives these checks. Section 19 of the Federal Deposit Insurance Act bars certain convictions from banking roles.
Cannabis establishments
The Cannabis Control Commission screens agents under 935 CMR 500.000. Importantly, prior marijuana convictions alone no longer disqualify applicants.
Massachusetts Employment Screening Services
BCS Background Screening LLC builds compliant packages for Massachusetts employers. Every search below respects the state lookback caps.
Massachusetts Statewide Criminal Search
Real-time research across all 84 Massachusetts trial courts, in every county. Researchers verify each record at the court, and clear searches average under 12 hours.
Motor Vehicle Records
Driving histories for delivery, trucking, sales, and CDL positions. We pull violations, suspensions, and license status straight from the RMV.
County Criminal Court Search
Direct research at the Massachusetts District and Superior Courts. Court runners verify identifiers before we report any hit.
Nationwide Criminal Database
A broad multi-jurisdiction sweep that flags records outside Massachusetts. We then confirm every hit at the source court.
SSN Trace and Address History
Locates names, aliases, and past addresses so your county searches cover the right jurisdictions.
Employment and Education Verification
Confirms dates, titles, degrees, and eligibility for rehire. Naturally, we never request salary history for Massachusetts roles.
Massachusetts Compliance Checklist
Print this list and audit your hiring file. Afterward, fix any gap before your next posting goes live.
- Remove every criminal history question from the initial written application
- Add the c. 149, § 19B lie detector notice to that same application
- Delete all salary history questions from applications and interview scripts
- Publish a good-faith pay range when you employ 25 or more people here
- Register with DCJIS and confirm your assigned CORI access level
- Collect a signed CORI Acknowledgement Form and verify photo identification
- Adopt a written CORI policy once you run five or more checks a year
- Cap criminal reporting at seven years to match c. 93, § 52
- Give the applicant a copy of the record before you discuss it
- Run a documented individualized assessment on every adverse decision
- Send pre-adverse and adverse action notices with the required disclosures
- Keep a secondary dissemination log for one full year
Massachusetts Employment Screening Laws: FAQs for Employers
Below are the eight questions Massachusetts employers ask us most often. Each answer names the statute, describes it briefly, and identifies the agency in charge.
Which Massachusetts law governs criminal background checks for employment?
The CORI Law governs them. You will find it at M.G.L. c. 6, §§ 167–178B, with implementing rules at 803 CMR 2.00.
The statute controls who may request Massachusetts criminal records and how much of the record each requester sees. Additionally, it sets storage, dissemination, and audit duties for employers.
The Department of Criminal Justice Information Services (DCJIS) administers the law and operates the iCORI portal.
Does Massachusetts have a Ban the Box law?
Yes. M.G.L. c. 151B, § 4(9½) prohibits criminal history questions on an initial written employment application.
Two exceptions apply. Specifically, you may ask when federal or state law presumptively disqualifies that conviction. You may also ask when a statute bars you from hiring someone with it.
The Massachusetts Commission Against Discrimination (MCAD) enforces c. 151B. Applicants must file within 300 days.
How far back can a Massachusetts employment background check go?
Two limits apply at once, so use the stricter one. First, M.G.L. c. 93, § 52 acts as the state mini–FCRA. It bars a consumer reporting agency from reporting arrests, indictments, or convictions older than seven years. That clock runs from disposition, release, or parole.
Second, a Standard Access CORI returns felony convictions for ten years and misdemeanor convictions for five years. Murder, manslaughter, and sex offenses carry no time limit.
The Office of Consumer Affairs and Business Regulation and the Attorney General oversee c. 93. Meanwhile, DCJIS controls CORI access levels.
What criminal record questions may a Massachusetts employer never ask?
M.G.L. c. 151B, § 4(9) removes four categories permanently. You may not ask about arrests or detentions that produced no conviction.
Likewise, first convictions for drunkenness, simple assault, or affray stay off limits. Speeding, minor traffic violations, and disturbance of the peace also qualify. Misdemeanor convictions three or more years old are also off limits.
Finally, records sealed or expunged under M.G.L. c. 276 stay off the table. Under § 100A, the applicant may lawfully answer “no record.” MCAD enforces these limits.
Does my company need a written CORI policy?
You do if you conduct five or more criminal background investigations a year. M.G.L. c. 6, § 171A and 803 CMR 2.16 impose that duty.
Your policy must meet the DCJIS Model CORI Policy standards. Moreover, it applies to criminal history from any source, not only iCORI.
Before any adverse decision, 803 CMR 2.18 requires notice and a copy of the record. You must also identify the disqualifying entries and allow a dispute. DCJIS administers both regulations.
Can Massachusetts employers still run credit checks on applicants?
Yes, as of 2026 no Massachusetts statute bans employment credit checks. House Bill H.1434 would have added that ban, yet it died in Senate Ways and Means on 31 December 2024.
A successor measure, H.2119, advanced into a new draft (H.4450) during 2025. Until lawmakers pass it, the federal FCRA and M.G.L. c. 93, §§ 50–68 govern.
So obtain a standalone disclosure and written authorization first. The Attorney General and the Office of Consumer Affairs and Business Regulation handle enforcement.
May we ask applicants about salary history in Massachusetts?
No. The Massachusetts Equal Pay Act, M.G.L. c. 149, § 105A, prohibits seeking wage or salary history from an applicant or a former employer before an offer.
Separately, Chapter 141 of the Acts of 2024 took effect on 29 October 2025. Employers with 25 or more Massachusetts employees must now post a good-faith pay range. Meanwhile, employers with 100 or more file annual wage data reports.
The Attorney General enforces both requirements. The Secretary of the Commonwealth collects the wage data reports.
How do we obtain a Massachusetts driving record for a job applicant?
Request it through the MassDOT Registry of Motor Vehicles or an authorized consumer reporting agency. M.G.L. c. 90, § 30 and the federal Driver’s Privacy Protection Act govern release of the data.
Employment screening for drivers is a permissible DPPA purpose. Even so, you must obtain written consent from the applicant.
The Registry of Motor Vehicles, a division of MassDOT, administers the records. BCS Background Screening LLC returns them as part of any Massachusetts package.
Screen Massachusetts Applicants With Confidence
BCS Background Screening LLC applies the Massachusetts seven-year cap, the CORI access rules, and full FCRA adverse action support. Meanwhile, clear statewide searches average under 12 hours.
Legal Disclaimer
BCS Background Screening LLC provides this guide for general information only. It is not legal advice, and it does not create an attorney-client relationship.
Massachusetts statutes, regulations, and case law change regularly. Therefore, consult qualified employment counsel before you set or revise a screening policy.
Last reviewed: September 2026.