Massachusetts Criminal Background Check Law
Massachusetts Criminal Background Check Law
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Massachusetts Criminal Background Check Law
In addition to limiting the scope of iCORI records available to most employers, the Act eliminates an exemption in the Massachusetts consumer protection law that currently allows consumer reporting agencies to report older adverse information, including criminal history records, concerning applicants and employees in certain positions. Massachusetts Governor Deval Patrick recently signed a law that significantly changes many employers' obligations with respect to criminal background information obtained from applicants for employment, current employees and volunteers. Massachusetts law provides a number of protections for applicants with criminal records. In Massachusetts, employers must comply with laws concerning consumer reports, criminal background checks, and driver's record information.
As the law requires a CORI policy for employers that will annually conduct 5 or more criminal background investigations, Massachusetts employers that currently do not have such a policy may want to begin development and implementation of a such a policy. Massachusetts employers must review their employment applications to remove any questions asking for information on an applicant's criminal history. Massachusetts will continue to provide a state-run information system allowing access to criminal offender records information (CORI”).
803 CMR 2.15: Criminal Offender Record Information (CORI) Policy Requirement for Certain Requestors Our Take: Any employer that performs 5 or more background checks per year in Massachusetts must have a written criminal record information policy in place. Currently, Massachusetts law restricts access to CORI to employers that have successfully petitioned the Commonwealth for access - primarily those that deal with vulnerable populations, such as schools, daycare centers, and long-term care facilities. Massachusetts has among the strongest protections for applicants with criminal records.
Massachusetts has passed strong protections for applicants with criminal records. The Firm provides compliance packages for employers that currently use the Massachusetts CORI system, as well as for employers that currently use private consumer reporting agencies. Each Massachusetts employer ought to determine whether it can lawfully inquire about criminal history information on the job application.
M.G.L. Chapter 93, Section 52 - Information not to be contained in report; exceptions Our Take: Credit reporting agencies in Massachusetts cannot report on criminal records that are older than 7 years, nor can they report on information about an applicant's bankruptcy if the date of judgment is more than 14 years old. Massachusetts recently enacted a ban the box” provision, which prohibits employers from asking about any kind of criminal record information on their initial written applications. Massachusetts Law on Use of Criminal Records.
Massachusetts law provides for state and federal criminal background checks for individuals working in public and private schools. 50et seq.). The requirements for obtaining consumer reports under the Massachusetts statute are, for the most part, the same as the requirements under the FCRA, including that before procuring a consumer report, the employer must provide the employee with a clear and conspicuous written disclosure informing the employee that a consumer report may be obtained for employment purposes. In addition to the FCRA, employers must comply with the Massachusetts statute regulating the use of consumer reports in employment (MA Gen.
Employers in other states and multi-state employers may want to use the new Massachusetts law as a reminder to update their employment applications for recent federal and state law changes as well as best practices developments. Who Must Follow: This ban-the-box law and respective background screening requirements apply to all employers in Massachusetts, both public and private. A judge does not have the authority "to order the Commissioner of Probation (commissioner) to expunge a defendant's record where the criminal complaint was dismissed because its issuance was premised on a mistake." "Massachusetts appellate decisions have construed the unambiguous language of G.L. c. 276, § 100C , as conferring on a judge the authority, in appropriate circumstances, to order sealing, but not expungement, of the probation and court records of dismissed prosecutions."
Name-based court arraignment records, also known as CORI, are created and maintained by the Massachusetts courts. Under Massachusetts law, an employer is prohibited from discriminating against any person because he or she fails to furnish information regarding: (i) an arrest, detention, or disposition regarding any violation of law for which no conviction resulted; (ii) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; or (iii) a conviction for a misdemeanor five or more years old. Records and data in any communicable form compiled by a Massachusetts criminal justice agency which concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pre-trial proceeding, other judicial proceedings, previous hearings conducted pursuant to M.G.L. c. 276, § 58A where the defendant was detained prior to trial or released with conditions under M.G.L. c. 276, § 58A(2), sentencing, incarceration, rehabilitation, or release.
http://www.doe.mass.edu/educators/cori.html
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