Make sure your background checks follow state, federal restrictions

Q         How far back are we allowed to verify information (both criminal and previous employer references) when conducting a background check?

A   Massachusetts has no limit in regard to checking references from previous employers, and criminal background checks are performed under the state’s Criminal Offender Record Information (CORI). Massachusetts employers may perform background checks on their employees and applicants but are generally limited to asking about criminal histories that are less than seven years old, provided that the below circumstances are met.

On your initial employment applications, Massachusetts employers are generally prohibited from asking about applicants’ criminal histories, including arrests and convictions. You are permitted to ask about them later in the hiring process, however, as long as you don’t ask about the following items at any time during the hiring process or employment: (1) an arrest, detention, or disposition in which no conviction resulted; (2) any first conviction for certain specific misdemeanors; (3) information about an applicant’s expunged or sealed criminal record; or (4) any conviction of a misdemeanor that occurred three of more years ago, unless the employee or applicant has been convicted of an offense within the preceding three years.

Subject to these restrictions, you may obtain an applicant’s criminal history only with written authorization from the applicant, which must contain certain statements required by statute. Further, you must take certain steps before you take an adverse action based on an individual’s criminal history.