Hello,
It has come to our attention that the link to the Massachusetts Law noted in this E-Alert was not originally functioning properly.
Therefore, we are re-sending the E-Alert with the corrected link which you can access by
clicking here.
We apologize for the inconvenience. To view the rest of the E-Alert, please scroll below.
Generally speaking, Massachusetts employers are not allowed to ask about criminal background on an employment application.
However, there are limited exceptions for Massachusetts employers to ask on the application about criminal background on the application where they are required by federal or state law or regulation to disqualify someone from employment
based on a conviction. These exceptions however are very limited.
For those Massachusetts employers who have this limited right to ask such questions on their applications, this window has been narrowed further as Governor Baker has signed into law Chapter 69 of the Acts of 2018.
While the comprehensive reform legislation is over 200 pages and creates many changes to the state's criminal justice system, Chapter 69 further amends the state's Ban the Box law, by placing the following restrictions:
- Prohibits an employer from inquiring into convictions regarding misdemeanors where the date of the conviction occurred three or more years from the date of the application, unless there was an intervening conviction (which is a reduction from the previous time period of five years);
- Prohibits an employer from asking an applicant about "a criminal record, or anything related to a criminal record, that has been sealed or expunged; and
- Requires an application that contains questions seeking criminal information to include the following statement: "An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer 'no record' with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer 'no record' to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions."
The restrictions take effect on October 13, 2018 and you can view the new law by
clicking here.
If you have questions on this or other employment topics, don't hesitate to contact our hotline team toll-free at (877) 662-6444.
