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It is illegal for an employer to ask certain questions about a job applicant's or employee's criminal record.
Employers may not ask about, maintain a record of, or base any employment decision on the following information if they have requested it.
An employer may not take action against an applicant or employee for answering an unlawful question untruthfully.
It is also illegal for an employer to request from an applicant or employee a copy of a probation or arrest record or to ask for an application or employee to sign a release permitting access to such information.
It is lawful for an employer to ask:
An employer that applies for and is granted access to criminal record information by the Massachusetts Criminal History Systems Board under the Criminal Record Information Act (CORI) may obtain some information on the criminal records of an applicant or employee.
Access to information under CORI is limited to that which is necessary to perform the relevant criminal justice or statutory duties.
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