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Massachusetts Background Check Laws: What Employers Need to Know
Massachusetts runs its own state criminal record system, called CORI (Criminal Offender Record Information), and layers a detailed set of employer rules on top of it, relevant across the state's biotech, healthcare, and higher education industries, whether you're hiring in Boston, Worcester, or Cambridge.
Ban-the-Box on the Initial Application
Employers can't ask about criminal records on the initial written job application. This has been interpreted by the Massachusetts Commission Against Discrimination to cover any paperwork given to an applicant before the interview, though it doesn't prevent an employer from asking orally or from obtaining a criminal report at any point in the process.
What Can't Be Asked or Considered
Employers can't ask about, or have a CRA report, an arrest or detention that didn't result in a conviction, a first conviction for minor offenses like drunkenness, simple assault, or minor traffic violations, or a misdemeanor conviction that's 3 or more years old, unless there's a later conviction on record.
CORI Access Requirements
Employers or CRAs requesting 5 or more CORI background checks a year must maintain a formal CORI policy, along with an updated list of employees who have a legitimate need to access CORI records. Accessing CORI itself requires a special consent form, separate from the standard authorization, that's valid for one year.
Reporting Time Limits
State CORI access is generally limited to felonies within 10 years and misdemeanors within 5 years, with murder, manslaughter, and certain sexual offenses reportable with no time limit. These limits apply to CORI specifically; they don't restrict what's available through county-level records.
Salary History
Effective 2018, Massachusetts became the first state to prohibit employers from asking about a candidate's salary history as a condition of employment.
Notice and Adverse Action Requirements
Employers and landlords using CORI records must provide a pre-adverse action notice that specifically identifies the disqualifying criminal record, along with a copy of the employer's CORI policy and information on correcting CORI records. A separate adverse action notice is required if the decision is based even partly on a consumer report.
Local Ordinances
Boston, Cambridge, and Worcester each have local ordinances prohibiting discrimination based on "ex-offender" status, on top of the statewide rules.
Landlord-Specific Rules
Landlords may only pull CORI records on the specific applicant for a market-rate or voucher-subsidized unit, not on other household members, and may take adverse action if an applicant refuses to consent to a CORI check.
Social Media
Massachusetts doesn't have a law specifically addressing employer access to social media, though the state's general privacy law is understood to protect the private side of a person's accounts.
Pass-Through Fees for Massachusetts Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (MA Dept. of Criminal Justice Information Services) | $25.00 per standard CORI request |
| Motor vehicle record | $8.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Massachusetts Employers
What is CORI, and how is it different from a standard background check?
CORI is Massachusetts's own state-run criminal record system. Employers running 5 or more CORI checks a year need a formal access policy, and pulling CORI requires its own special consent form in addition to standard authorization.
Does Massachusetts have a Ban-the-Box law?
Yes, though it's specific to the initial written application. Criminal history can't appear on paperwork given to a candidate before the interview stage.
Can I ask a Massachusetts candidate about their salary history?
No. Massachusetts was the first state to prohibit this, effective 2018.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
