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Employers in Massachusetts have the option to utilize pre-employment background screenings as a component of their hiring procedures, aiding in the validation of a candidate’s credentials. A variety of background check options exist, encompassing criminal records, confirmation of employment and educational history, and examination of driving records. Irrespective of the chosen screening, adherence to federal, state, and local regulations is imperative for employers conducting background checks to ensure compliance.

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Background checks in Massachusetts offer employers valuable insights beyond what is typically found on a candidate’s resume or employment application. Employers have the option to either directly screen candidates or collaborate with a reliable consumer reporting agency (CRA) during the hiring process. This overview of Massachusetts background checks delves into their contents, the methodologies employed, and the relevant federal, state, and local regulations that may govern them.

What Is A Massachusetts Background Check?

In Massachusetts, employers have the discretion to employ one or multiple forms of background checks to facilitate informed hiring decisions regarding job candidates or when onboarding volunteers. Typically, a Massachusetts background check entails examining various public records to gather additional information or authenticate provided details. These reports commonly encompass a candidate’s criminal history, driving records, and employment background. Additionally, Massachusetts employers may utilize employment background checks for continuous or intermittent employee screenings.

How Long Does A Background Check In Massachusetts Take?

The time it takes to complete an employment background check in Massachusetts varies based on the requested reports and the entity conducting the screening.

When employers opt to perform a Massachusetts criminal background check independently, they must submit a Criminal Offender Record Information (CORI) request through the Department of Criminal Justice Information Services. This entails a search of a candidate’s criminal court appearances in Massachusetts based on their name and date of birth. Although results may take up to ten days, this search does not provide a comprehensive criminal record.

To obtain more timely and thorough results, employers might consider partnering with a reputable Consumer Reporting Agency (CRA) like Rapid Hire Solutions for background screenings. Despite Massachusetts laws restricting CRAs from utilizing CORI without meeting specific criteria, Rapid Hire Solutions has access to regularly updated databases, public records, and nationwide courthouse access, expediting turnaround times and ensuring comprehensive background checks.

How Far Back Does A Background Check Go In Massachusetts?

The timeframe for how far back a background check can legally extend in Massachusetts varies. Generally, employment background checks encompass seven years of criminal and court records, subject to state employment laws and federal regulations like the Fair Credit Reporting Act (FCRA), which governs pre-employment background checks.

Under the FCRA, CRAs, including third-party background check providers and national credit bureaus, are prohibited from reporting certain information in consumer reports or background checks:

• Civil suits, civil judgments, and arrest records older than seven years.
• Paid tax liens older than seven years from the report’s date.
• Collections accounts older than seven years from the report’s date.
• Other adverse information, except criminal convictions, older than seven years from the report’s date.

The FCRA permits the indefinite reporting of criminal convictions but restricts the reporting of arrest records and cases without convictions to seven years. However, in Massachusetts, reporting of all criminal cases, regardless of the outcome, is limited to seven years. Bankruptcies are limited to ten years under the FCRA, but Massachusetts law allows reporting up to 14 years.

These FCRA restrictions do not apply to positions with salaries exceeding $75,000 annually or to background checks conducted without a CRA’s assistance. Massachusetts state law limitations, however, apply to background checks conducted by a CRA, regardless of the position’s salary.

How Far Back Does A CORI Background Check Go In Massachusetts?

The depth of a standard CORI background check in Massachusetts is contingent upon the nature of the conviction. Misdemeanors are visible for five years, while felonies remain on record for 10 years—both durations are based on either the disposition date or release from incarceration, whichever is later. Verdicts of not guilty by reason of insanity are accessible for 10 years as well. However, convictions for murder, manslaughter, and sex offenses persist indefinitely, unless sealed or expunged. If an employer or organization holds authorization to request CORI data, all conviction details are available without any retrospective restriction.

WHAT SHOWS UP ON A MASSACHUSETTS CORI CHECK?

A Massachusetts CORI check provides insights into Massachusetts criminal histories. Although there are various levels of access to the CORI system, standard access reveals:

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

To broaden the scope of a candidate’s criminal record search to include other states, an employer may opt for additional screenings. These comprehensive screenings, such as national, state, or federal background checks, can be facilitated by partnering with a qualified CRA, like Rapid Hire Solutions.

Notably, the CORI system does not include fingerprint information, such as arrest records, accessible to the general public. Employers mandated to conduct fingerprint-based background checks may consider liaising directly with the Massachusetts Department of Criminal Justice Information Services for this data, as CRAs typically do not offer fingerprint-based services.

The different levels of access in CORI are categorized as follows:

REQUIRED LEVEL 1

• Types of employers: Financial institutions, health care, insurance, etc.
• Available criminal records: All adult convictions and pending cases, plus civil and non- incarcerable offenses
• Unavailable criminal records: Sealed, expunged, juvenile, youthful offender, civil, and non-incarcerable offense or non-convictions

REQUIRED LEVEL 2

• Types of employers: Schools, in-home care and assisted living, religious organizations, etc.
• Available criminal records: All adult convictions, pending cases, and non-convictions, plus civil and non- incarcerable offenses
• Unavailable criminal records: Sealed, expunged, juvenile, youthful offender, civil, and non-incarcerable offenses

REQUIRED LEVEL 3

• Types of employers: Kids summer camps, etc.
• Available criminal records: All adult convictions, non-convictions, and youthful offender, plus juvenile, delinquent, not-delinquent, and pending cases
• Unavailable criminal records: Sealed, expunged, civil, and non-incarcerable offenses

REQUIRED LEVEL 4

• Types of employers: Early education, childcare, etc.
• Available criminal records: All adult convictions, non-convictions, and youthful offender, plus juvenile offender delinquent, not-delinquent, pending cases, and sealed offenses
• Unavailable criminal records: Expunged, civil, and non-incarcerable offenses

Massachusetts Background Check Laws

Employers in Massachusetts conducting background checks must adhere to federal, state, and local regulations, including ban-the-box and fair hiring laws, to safeguard candidates against bias and discrimination that may arise from criminal background investigations.

Here’s what you need to understand about Massachusetts background check regulations.

BAN-THE-BOX LAW

Massachusetts General Laws Chapter 151B §4 pertains to all employers, encompassing both public and private sectors, during employment background checks. The legislation prohibits inquiries into:

• Arrests, detentions, or dispositions not resulting in conviction
• First convictions for certain misdemeanors
• Misdemeanors older than three years
• Sealed or expunged criminal records

Employers cannot demand disclosure of a candidate’s criminal history on initial application forms, with exceptions.

CORI POLICY REQUIREMENT

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

• Notification to the applicant of potential adverse decisions based on criminal offender record information
• Provision of the criminal offender record information and policy to the applicant
• Information on correcting a criminal record process

M.G.L. CH.93 §52

The law outlined in M.G.L. CH.93 §52 restricts Consumer Reporting Agencies (CRAs) in Massachusetts from disclosing negative information about an individual that dates back more than seven years. This encompasses details regarding past arrests, convictions, accounts in collections, paid tax liens, and civil lawsuits. Bankruptcies are an exception; they can be reported but not if they exceed a fourteen-year period for pre-employment background checks in Massachusetts. However, the Fair Credit Reporting Act (FCRA) imposes a ten-year limit on bankruptcy reporting.

M.G.L. CH.93 §62

According to M.G.L. CH.93 §62, Massachusetts employers must adhere to specific legal procedures if they choose not to hire a candidate based on background screening results. Upon reaching a decision, employers have ten days to inform the candidate in writing, providing details about their rights and the contact information of the CRA responsible for the report.

MASSACHUSETTS PAY EQUITY ACT

The Massachusetts Pay Equity Act safeguards employees’ salary history by prohibiting employers from soliciting such information during the hiring process.

FAIR CREDIT REPORTING ACT (FCRA)

In addition to state and local regulations, employers must also comply with the federal Fair Credit Reporting Act (FCRA) when conducting background checks, whether independently or through a CRA. This entails properly disclosing the intention to perform a background check, obtaining written consent from the candidate, and following the adverse action protocol if an offer of employment is revoked based on screening outcomes.

To mitigate potential liabilities, employers conducting background checks in Massachusetts should consider adhering to the most stringent applicable laws.

County Resources

• • To familiarize yourself with ban-the-box laws and public records in some of Massachusetts’ major counties, such as Barnstable County, you can access the following resources:

    BARNSTABLE COUNTY

    Barnstable County encompasses all of Cape Cod, a prominent peninsula comprising fifteen towns, with a population exceeding 220,000 residents. The county’s administrative center is the town of Barnstable, and other notable towns include Yarmouth, Falmouth, and Sandwich. Notably, in 1620, the Pilgrims and their vessel, the Mayflower, first landed at the Cape before eventually settling in Plymouth to the west. Presently, Cape Cod is renowned for its picturesque beaches, iconic lighthouses, and rich historical architecture. The summer season witnesses a bustling tourist influx.

    Public Information & Records

    • Barnstable County Website
    • Barnstable County Public Records Request
    • Barnstable County Arrest, Court, and Public Records

BRISTOL COUNTY

Bristol County, situated west of Cape Cod, harbors a population exceeding 580,000 residents. Taunton serves as its county seat. While some areas bolster Cape Cod’s tourism in Barnstable County, Bristol County thrives in various industries such as textiles, electronic components, and primary metals. Notable educational institutions within its bounds include Southern New England School of Law, University of Massachusetts Dartmouth, and Wheaton College.

Public Information & Records

• Bristol County Website
• Bristol County Public Records Request
• Bristol County Arrest, Court, and Public Records

ESSEX COUNTY

Essex County, one of Massachusetts’ initial three counties, occupies the state’s northeastern apex, bordering New Hampshire. With a populace surpassing 800,000, it ranks as the state’s third most populous county. Its colonial legacy earned it recognition as part of the Essex National Heritage area by the National Park Service. Salem, a coastal town, serves as the county seat, alongside other coastal communities like Gloucester, Rockport, and Newburyport. Renowned as the birthplace of industries like iron and steel, wool, and shoemaking.

Public Information & Records

• Essex County Public Records Request
• Essex County Arrest, Court, and Public Records

HAMPDEN COUNTY

Hampden County, nestled in the southwest corner of Massachusetts, shares a border with Connecticut and hosts over 460,000 residents. Mountains and forests grace its landscape, traversed by the Connecticut River. Notably, basketball and volleyball originated in this county, with the Basketball Hall of Fame situated in Springfield. Its major industries span healthcare and the manufacturing of various products, including computers, dairy, firearms, sports equipment, paper, and plastic.

Public Information & Records

• Hampden County Public Records Request
• Hampden County Arrest, Court, and Public Records

MIDDLESEX COUNTY

Middlesex County, boasting a population exceeding 1.6 million, nestles in northeastern Massachusetts. Ranking as both the largest county in Massachusetts and New England, it holds national prominence in population and average household income. It stands out as one of the top manufacturing counties in the US, famed for textiles and aerospace and defense technology. Cambridge serves as its county seat, renowned for harboring esteemed higher education institutions like Harvard University and Massachusetts Institute of Technology (MIT).

Public Information & Records

• Middlesex County Public Records Requests
• Middlesex County Arrest, Court, and Public Records

A local ban-the-box law applies to public sector employers and vendors for the city of Cambridge.

NORFOLK COUNTY

Norfolk County, with a resident populace exceeding 725,000, lies in eastern Massachusetts, bordering Rhode Island to the south. Many of its towns are considered residential suburbs of Boston, rendering it one of the wealthiest counties in the US. Notable higher education institutions within its bounds include Babson College and Wellesley College. Historic landmarks abound, including homes of US presidents such as John F. Kennedy, John Adams, and John Quincy Adams.

Public Information & Records

• Norfolk County Website
• Norfolk County Public Records Request
• Norfolk County Arrest, Court, and Public Records

PLYMOUTH COUNTY

Plymouth County, situated in eastern Massachusetts and west of Cape Cod, shelters a population of over 530,000. Its colonial heritage, encompassing the Pilgrims’ settlement, Plymouth Rock, and the inaugural Thanksgiving celebration, characterizes the region. Additionally, it lays claim to one of the oldest sheriff’s departments in the US. A thriving tourist industry thrives amidst numerous historical landmarks, arts and culture, and coastal activities. Renowned as the cranberry capital of the US, it ranks among the top agricultural counties in Massachusetts, with a historical association with shoe manufacturing and shipbuilding.

Public Information & Records

• Plymouth County Website
• Plymouth County Public Records Request
• Plymouth County Arrest, Court, and Public Records

SUFFOLK COUNTY

Suffolk County distinguishes itself by lacking a county government, comprising four cities: Boston, Chelsea, Revere, and Winthrop. Its principal industries encompass financial services, insurance, food processing, printing, and telecommunications. Boston attracts tourists for its vibrant arts and cultural scene, sports events, conventions, and historical landmarks. Suffolk County hosts numerous colleges, including Boston University, Northeastern University, and Berklee College of Music.

Public Information & Records

• Suffolk County Public Records Request
• Suffolk County Arrest, Court, and Public Records

A local ban-the-box law applies to public sector employers for the city of Boston.

WORCESTER COUNTY

Worcester County, home to over 682,000 residents, occupies central Massachusetts, bordering New Hampshire to the north and Connecticut and Rhode Island to the south. It ranks as the state’s second most populous county. Worcester, the county seat, stands as the second largest city in both Massachusetts and New England, after Boston. It serves as an industrial hub and houses several universities, including College of the Holy Cross and Clark University. Manufacturing encompasses plastic products, metalworking machinery, and agricultural products.

Public Information & Records

• Worcester County Public Records Request
• Worcester County Arrest, Court, and Public Records

Get A Massachusetts Background Check With Rapid Hire Solutions

Employers seeking to optimize their Massachusetts background check procedures can rely on reputable CRAs like Rapid Hire Solutions for efficient and accurate results, ensuring compliance with legal regulations. With over 100 screening options available, including criminal background checks, credit history, and motor vehicle records, Rapid Hire Solutions simplifies the process. Utilize our intuitive online platform featuring automated workflows to streamline operations and save valuable time. Additionally, our FCRA-trained support team is available to provide assistance at every stage. Contact our sales team today to discover how to initiate Massachusetts background checks seamlessly.