Massachusetts Background Check Laws You Should Know
Massachusetts has some of the strongest privacy protections in the country around criminal records, and some of the most aggressive sealing rules. Understanding these laws helps you know what should and should not appear in a CORI report.
Federal Laws That Apply in Massachusetts
Fair Credit Reporting Act (FCRA)
The FCRA is the primary federal law governing employment background checks. It requires Massachusetts employers to:
- Provide a clear written disclosure before running a background check
- Get your written authorization
- Send a "pre-adverse action" notice with a copy of the report if they may take negative action based on it
- Send a final adverse action notice if they decide not to hire because of the report
In Massachusetts, federal FCRA rules layer on top of the state CORI rules, which are stricter in several respects.
Title VII of the Civil Rights Act
Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. EEOC guidance encourages Massachusetts employers to make individualized assessments of criminal records rather than applying blanket disqualifications.
Important Massachusetts Laws
Chapter 514 (Ban the Box, 2010)
Massachusetts was one of the first states to pass Ban-the-Box legislation. Chapter 514, signed in 2010, prohibits most Massachusetts employers from asking about criminal history on the initial job application. The law applies broadly to private employers (with limited carve-outs for jobs where state or federal law requires a clean record, such as some healthcare and education positions). 2018 reforms further tightened what employers can ask about and how they must word their inquiries.
CORI Reform Act (2018), Shorter Sealing Waiting Periods
The 2018 CORI reform legislation dramatically shortened the waiting periods to seal criminal records in Massachusetts:
- Misdemeanors: Eligible for sealing 3 years after the disposition or release from incarceration (down from 5).
- Felonies: Eligible for sealing 7 years after the disposition or release (down from 10).
- Juvenile cases: Have their own, shorter waiting periods.
- Certain charges (most sex offenses, some others) are never eligible for sealing.
Sealed CORI records do not appear on standard employment background checks and are removed from public Trial Court access. The 2018 law also expanded eligibility for expungement (full destruction of the record), particularly for offenses committed before age 21 and for cannabis-related offenses that are no longer criminal.
CORI Access Levels
Unlike many states, Massachusetts assigns different employers different "levels" of CORI access, Standard, Required, or Open, based on the role. A hospital evaluating a candidate for a direct-patient-care position sees more than a coffee shop hiring a barista. As a result, two employers running a "CORI check" on the same person may legitimately see different records. Your personal CORI request shows you everything at the broadest level.
No General State Seven-Year Limit on Conviction Reporting
Massachusetts does not impose its own statewide cap on how far back conviction records can be reported in employment screening, but its sealing rules and CORI access levels function as a meaningful equivalent, a sealed record simply does not appear on most CORI reports.
Industry-Specific Requirements
Several Massachusetts industries have additional fingerprint-based background-check requirements set by state or federal law, including:
- Healthcare workers, including nursing staff and direct-care workers
- Public and private school employees, including teachers, aides, and bus drivers
- Childcare providers and youth-serving organizations
- Real estate, insurance, social work, and certain financial-services licensees
Important: Massachusetts CORI and sealing law is unusually detailed. Verify current rules with DCJIS, Greater Boston Legal Services, or a qualified Massachusetts attorney before acting on any specific situation.