Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA OverviewMassachusetts: Key Requirements
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Ban the Box / Fair Chance Hiring
Employers may not request criminal history information on an initial written employment application. Employers may not ask about an arrest, detention, or disposition regarding a violation of law that did not result in conviction, a first offense conviction for drunkenness, simple assault, speeding, minor traffic violations, or disturbing the peace, a misdemeanor conviction where the disposition occurred more than 3 years before the inquiry, unless there was an intervening conviction, or a criminal record that has been sealed or expunged. If a request is made for criminal history record information, the request must include specific language informing an applicant with an expunged record that they may answer "no record."
Criminal Record Lookback Period
A consumer reporting agency may not report a criminal conviction in a consumer report if it predates the report by more than 7 years, measured from the disposition date, release from incarceration, or start of parole. Unlike the federal FCRA baseline, Massachusetts applies this 7 year limit regardless of the position's salary.
Reporting Restrictions
Massachusetts has adopted its own consumer reporting law, which applies to consumer reporting agencies operating in the state alongside the federal FCRA. It sets the permissible purposes for furnishing a consumer report, including employment, and imposes accuracy, disclosure, and notice duties on reporting agencies. The 7 year reporting limit described above comes from this law.
Expunged / Sealed Records
Massachusetts allows sealing and, for certain more limited categories of records, expungement. Once a record is sealed or expunged, an applicant may answer "no record" to an employer's inquiry, and employers may not consider it in a hiring decision.
Sex Offender Registry Use & Restrictions
Massachusetts permits employers to use publicly available sex offender registry information, but prohibits its use for illegal discrimination or harassment. Public registry information is generally limited to Level 2 and Level 3 offenders.
*CRA reporting remains subject to applicable criminal record reporting restrictions.
Salary History Ban
Employers may not screen job applicants based on their wage or salary history, including by requesting or requiring that a prospective employee's prior wages satisfy minimum or maximum criteria, and may not seek an applicant's salary history from a current or former employer, though employers may confirm salary history after an offer with compensation terms has been made.
Credit Report Restrictions
Massachusetts does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Massachusetts has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Massachusetts has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Massachusetts has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
A registered medical marijuana patient who is fired or disciplined for testing positive after lawful, off duty medical marijuana use may bring a handicap discrimination claim under the state's anti-discrimination law, and an employer must engage in an interactive process to consider a reasonable accommodation, unless the employer proves the accommodation would create an undue hardship, such as a genuine safety risk or job performance impairment. This protection runs through the state disability discrimination law rather than the medical marijuana statute itself, which does not create a private right of action. Recreational marijuana users have no equivalent protection, and an employer may take adverse action based on lawful off duty recreational use.
Pre-Adverse Action Notice & Waiting Period
Massachusetts has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
If an employer makes a decision not to hire, or to take other adverse action, based in whole or in part on criminal history information, the employer must notify the applicant and identify the specific criminal history record information on which the decision was based.
Authorization Requirements
Employers must obtain written consent from an applicant or employee before conducting a background check, including checks of criminal and non-criminal records.
Individualized Assessment
No statute. EEOC guidance under Title VII applies.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Boston, Cambridge, and Worcester each have a ban the box policy, but all three apply only to city government hiring and city contractors or vendors, not to private employers generally. Massachusetts's statewide Fair Chance law already covers private employers directly.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Massachusetts is one of the more heavily regulated states for background checks. To stay compliant:
Confirm permissible purpose, provide a standalone disclosure, and obtain written authorization before running a background check. Do not ask about or seek an applicant's wage or salary history. Do not include criminal history questions on the initial written employment application. If requesting criminal history information, include the required language advising applicants with expunged records that they may answer "no record". Never ask about an arrest, detention, or disposition that did not result in a conviction, a first offense minor misdemeanor, a misdemeanor conviction older than 3 years without an intervening conviction, or a sealed or expunged record. Confirm any conviction returned is not older than 7 years before considering it. If a medical marijuana patient tests positive, engage in an interactive process to consider a reasonable accommodation before taking adverse action. Before denying employment based on a report, follow the FCRA and state adverse action process, including pre-adverse notice with the specific record relied upon, reasonable time to respond, and final adverse notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
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