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Massachusetts background check laws for employers
Massachusetts bans criminal history questions on the first written job application and limits what employers may ask about at any stage, such as arrests without conviction, old misdemeanors, and sealed records. Its CORI law adds steps before and after a criminal check, including giving the applicant the record and, for employers that run 5 or more checks a year, a written CORI policy. Its consumer reporting law also limits background reports to 7 years for arrests and convictions, with no salary exception for jobs.
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Fair-chance hiring (criminal history)
- Employers with 6 or more employees are covered by the state anti-discrimination law that holds these rules (G.L. c. 151B, § 1(5)).
- An employer may not ask for criminal record information on its initial written job application (G.L. c. 151B, § 4(9½)).
- An employer may ask about convictions on the application only if a federal or state law disqualifies people with certain convictions from the job, or bars the employer from hiring them (G.L. c. 151B, § 4(9½)).
- At no stage may an employer ask about, keep a record of, or act on an applicant's refusal to answer about an arrest, detention, or case that did not end in a conviction (G.L. c. 151B, § 4(9)(i)).
- An employer may not ask about a first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbing the peace (G.L. c. 151B, § 4(9)(ii)).
- An employer may not ask about a misdemeanor conviction (or jail time for it) that ended 3 or more years before the application, unless the person was convicted of any offense in the last 3 years (G.L. c. 151B, § 4(9)(iii)).
- An employer may not ask about a criminal record that has been sealed or expunged (G.L. c. 151B, § 4(9)(iv)).
- A person is not guilty of perjury or a false statement for leaving out information this law lets them withhold (G.L. c. 151B, § 4(9)).
- Anyone who has an applicant's criminal record must give the applicant a copy before asking them about their criminal history (G.L. c. 6, § 171A).
- If an employer makes a decision against an applicant based on criminal history, it must give the applicant the record it has, unless it already gave it before questioning (G.L. c. 6, § 171A).
- An employer that runs 5 or more criminal background checks a year, from any source, must keep a written CORI policy that includes notice of a possible adverse decision, a copy of the record and the policy, and how to correct a record (G.L. c. 6, § 171A; 803 CMR 2.18(1)).
- Before adverse action based on CORI or any criminal history, the employer must notify the person, give a copy of the record, name its source, give its CORI policy if it has one, point out the items it is relying on, let the person dispute accuracy, give DCJIS information on correcting CORI, and document these steps (803 CMR 2.20(1)).
- Complaints under the anti-discrimination law are filed with the Massachusetts Commission Against Discrimination (G.L. c. 151B, § 5).
City and county rules
- Boston requires city vendors to certify that their CORI policy meets city standards, including checking CORI only when required by law or for sensitive jobs, and only after finding the applicant otherwise qualified (City of Boston Code ch. 4, § 7; CM Form 15A/15B).
- Cambridge requires vendors that must run CORI checks by law to certify that their CORI practices match the city's CORI Policy (Cambridge Municipal Code § 2.112.060).
State consumer report rules
- When an employer uses a consumer reporting agency to pull Massachusetts CORI from DCJIS, the employer must register for iCORI, give a separate written notice that a consumer report may be used, get a separate written authorization, and get a signed CORI Acknowledgment Form (803 CMR 2.22(1)(a)).
- Before adverse action based on CORI or criminal history from a consumer reporting agency, the employer must give the report and the federal Summary of Rights, a copy of the criminal history, its source, the employer's CORI policy if any, the items relied on, a chance to dispute, and DCJIS information on correcting a record, and must document these steps (803 CMR 2.22(2)).
- An employer may not get an investigative consumer report unless it first tells the person in writing what such a report covers, the precise nature and scope of the investigation, and the right to a copy, and gets written permission (G.L. c. 93, § 53(a)).
- When a job is denied or ended because of a consumer report, the employer must send written notice within 10 business days, in at least 10-point type, with the agency's name, address, and toll-free number and a state-worded statement of rights (G.L. c. 93, § 62(a)).
How far back a report can go
- A consumer reporting agency may not report arrests, indictments, or convictions that are more than 7 years old, counted from disposition, release, or parole (G.L. c. 93, § 52(a)(5)).
- The only exceptions to the 7-year limit are for credit of $50,000 or more and life insurance of $50,000 or more, so there is no salary exception for jobs (G.L. c. 93, § 52(b)).
- Employers may not ask about arrests or cases that did not end in a conviction (G.L. c. 151B, § 4(9)(i)).
- Employers may not ask about sealed or expunged records (G.L. c. 151B, § 4(9)(iv)).
- Any job application that asks about arrests or convictions must say that applicants with a sealed record may answer 'no record', and that anyone may answer 'no record' about juvenile delinquency cases not sent to adult court (G.L. c. 276, § 100A).
Credit checks
- No Massachusetts law in effect limits employer use of credit reports beyond the federal FCRA; a bill to limit it (H.4450) was ordered to a third reading in the House on Oct 8, 2025, but is not law (malegislature.gov, Bill H.4450 history).
Also good to know
- Home health, homemaker, personal care, and other agencies serving elderly or disabled people in homes or the community must get CORI from the state before hiring someone who will have contact with those clients (G.L. c. 6, § 172C).
Common questions
Can Massachusetts employers run a background check?
Massachusetts bans criminal history questions on the first written job application and limits what employers may ask about at any stage, such as arrests without conviction, old misdemeanors, and sealed records. Its CORI law adds steps before and after a criminal check, including giving the applicant the record and, for employers that run 5 or more checks a year, a written CORI policy. Its consumer reporting law also limits background reports to 7 years for arrests and convictions, with no salary exception for jobs.
Does Massachusetts have a ban-the-box law for private employers?
Employers with 6 or more employees are covered by the state anti-discrimination law that holds these rules (G.L. c. 151B, § 1(5)).
How far back does a background check go in Massachusetts?
A consumer reporting agency may not report arrests, indictments, or convictions that are more than 7 years old, counted from disposition, release, or parole (G.L. c. 93, § 52(a)(5)).
Can Massachusetts employers run credit checks on applicants?
No Massachusetts law in effect limits employer use of credit reports beyond the federal FCRA; a bill to limit it (H.4450) was ordered to a third reading in the House on Oct 8, 2025, but is not law (malegislature.gov, Bill H.4450 history).
Some rules for Massachusetts weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- G.L. c. 151B, § 4 (official, malegislature.gov)
- G.L. c. 151B, § 1 definitions (official)
- G.L. c. 151B, § 5 complaints (official)
- G.L. c. 6, § 171A CORI (official)
- G.L. c. 6, § 172C elder/disabled care CORI (official)
- 803 CMR 2.18 CORI policy (Cornell LII)
- 803 CMR 2.20 adverse employment decision (Cornell LII)
- 803 CMR 2.22 use of a CRA (Cornell LII)
- G.L. c. 93, § 52 obsolete information (official)
- G.L. c. 93, § 53 investigative consumer reports (official)
- G.L. c. 93, § 62 adverse action notice (official)
- G.L. c. 276, § 100A sealed records statement (official)
- Bill H.4450 (credit reports) status (official)
- City of Boston CM Form 15A/15B CORI compliance standards (official)
- City of Boston CORI rules for vendors (official)
- City of Cambridge CORI Compliance Form (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.