A new legislation will be filed to demand stricterbackground checks and sex offender verification procedure for those wishing to become licensed in the early childhood education fields. The legislation is slotted to affect the state of Massachusetts, but the precedent could easily change the methodology for the entire country.

The proposed bill will make the requirements for the state’s background checks much stricter and add license suspensions and fines levied to those who do not properly require the checks to be enacted. It will also increase the taxation to the state’s overall oversight. The spark to the increased need for appropriate measures was a startling lacking of The Department of Early Education and Cares’ policy of these background checks in the state of Massachusetts.

More than two-thousand early child care centers in Lowell and Essex counties in Massachusetts alone were found to have failed in their duties to have their employees undergo strenuous background checks before employment. A report made in March showed many of these facilities were using poor methods to carry out their checks. This was in addition to the fact that many had cases of health and safety violations, few corrections were being made by the license-holders, and many inspection and background check notices were going unannounced. They also failed to verify licenses against the sex offender registry.

Many of these facilities were not using appropriate methods of sex offender database checking, failing to check all members of the new employee’s household, not just the personnel who have unsupervised contact with the children, and when violations were found, the corrective measures were not implemented properly. If the issue was not corrected, the state has a policy to remove the licensing from the holder. A report found that one hundred and nineteen licensed early education personnel were registered sex offenders, listed by their residence. The personnel had either not been working directly with the children or had changed addresses in the last six-months. Four of the facilities where these sex offenders were found employed, were without viable testing procedures and had their license revoked. These cases highlighted the need for increased background check efficiency and sex offender database checking in all accounts where children are being supervised.

The legislation being written would increase the requirements for these cases, making it necessary to thoroughly check all personnel against the sex offender’s registry and criminal records history, including those who lived in the same household as the potential employee. It would also require non-licensed personnel to receive the same cross-examinations, including those without unsupervised contact with the children and all members of in-home child care facilities over the age of fifteen. It would also require all changes in employment status to be reported to the proper authorities. The childcare facilities that fail in this duty would have their licenses suspended until such time as thebackground checks was completed, and those facilities that knowingly employed criminal offenders or registered sex offenders would lose their licensing and face jail time and/or fines.

For organizations that need to run frequent background checks and checks against sex offender registries, working with backgroundchecks.com makes the proces simple and affordable. They can obtain instant results from their US OneSEARCH product, which checks over 450 million criminal records nationwide. They can also just use their US Registered Offender OneSEARCH tool (included in the US OneSEARCH product) , which checks specifically for crimes that require registration with state sex and other offender registries. It might also be a good idea to put Ongoing Criminal Monitoring in place. This way, if a new record under the name and date of birth for a current employee or household members is added to the US OneSEARCH national database after they have already received employment, the employer will be made aware of that criminal record.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.newburyportnews.com/local/x1413937641/New-bill-calls-for-background-checks-at-child-centers

Author: Michael Klazema

A lab technician at a Massachusetts drug lab recently admitted to falsifying drug analysis reports and ignoring proper lab procedures. During the subsequent investigation, police found that she had not only not followed proper procedures but had also deliberated tampered with samples. Since much of the lab’s work involves criminal cases, the employee’s malfeasance has the potential to cast doubt in every one of the 34,000 cases wherein the testimony of the drug company was involved.

Investigations revealed that the employee had never been subjected to a complete background check. While much of her personal information was verified, her employment history and educational background were not. This could have been because the master’s degree in chemistry that she had professed to hold was not a job requirement. She apparently performed her work with reasonable competence, the tampering notwithstanding (and how long she had been doing that is still a matter under investigation), so her employer’s suspicions were never aroused.

The impact on the lab could be catastrophic. They could be held both civilly and criminally liable, and at the very least, could be forced to re-test thousands of lab samples from the last ten years. Of course, there is also the question as to whether or not the court will seek a new provider of drug lab services in the light of this scandal. Losing that business could be fatal to the company. Certainly, this scandal has compromised its reputation. If the company had done a more thorough background check on this employee, such as checking her academic and professional references, this huge problem could have been completely avoided. Now, it’s certainly true that an employee can pass even a completely thorough check and still act in bad faith or dishonestly. Verifying everything that an employee says about herself for truth and accuracy provides a measure of the overall truthfulness, or inclination to lie, of that employee as well as an assessment of her character. An employer that verifies the accuracy of information on a resume, whether or not that information is relevant to the job vets the employee’s character as well as the employee. As the malfeasance of one employee can destroy the reputation of the entire company, it’s vital to know everything you can about all employees you currently have or will hire.

The solution is to use only a reputable, painstaking, and thorough background check service such as backgroundchecks.com. A company that seeks to gather accurate information on its employees and potential employees must use a provider that is diligent in its background searches and reports. Backgroundchecks.com uses such advanced tools as the U.S. AliasSEARCH to ferret out aliases and assumed names via SSN searches and the OffenderOneSEARCH to uncover violent, drug, and sex offenses. They also have the ability to verify education claims and references, so your company can be sure you’re getting exactly who you paid for. The use of only thorough and accurate background check services helps to insulate a business from potential liability as well as feel confident about the qualifications and honesty of its workforce.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.newser.com/article/da1hl14o1/police-report-mass-chemist-at-center-of-lab-scandal-told-investigators-she-messed-up-bad.html

Author: Michael Klazema

Linda Vacon, a city councilor in Holyoke, Massachusetts, has called for new background checks to be conducted on all present municipal employees. Vacon isn’t calling for the background checks because they weren’t conducted when the employees were hired; she just believes that the employees should be checked regularly, so the city can ensure they have only quality employees working for the city. The city employs over 2,000 people, most full time and some part time. The employees consist of teachers, firemen, policemen, and others employed by public offices. In an interview about the background checks, Vacon said that, “Taxpayers fund the salaries of these public employees and I believe this is a minimum level of accountability that should be completed and updated periodically.”

The continual background checks that could possibly be required of the municipal employees would not be a comprehensive nationwide background check, but rather a statewide criminal background check. The checks would be run through the state’s Criminal Offender Record Information system, known as CORI. This is the same systems that the state’s employers, landlords, and background screening companies use for basic criminal background checks. The new continual screenings that Vacon has called for are not because she believes that the municipal employees are not fit for their jobs, she just believes that regular checks would ensure that the current employees stay on track.

Vacon’s request for the background checks is because the city has a new personnel administrator, Robert G. Judge. “We now have a qualified personnel director and it is my intention to support the professional conduct of the office,” said Vacon during her interview. The old personnel administrator was fired in early July of 2012, though the reasons for his dismissal have been withheld by the mayor who says that the matter is private. Before the dismissal of the former personnel director, some people had complaints with how the administrator managed the direction of the personnel department. With Judge in place, Vacon believes that now is the perfect time for some new employee screening, to set everyone at ease and show her faith in the new personnel director.

Background check companies need to be able to offer their clients dependable service so that quality employees are hired consistently. One such company is backgroundchecks.com, and they deliver reliable services that provide quality background checks for both large and small businesses and facilities. One service offered through backgrounchecks.com is the US OneSearch, which uses a nationwide criminal database to conduct thorough criminal background checks. The search covers 49 different states as well as Washington DC, Guam, and Puerto Rico. It also comprehensively checks through a variety of criminal records such as arrest records, incarceration records, and drug test records. It also searches sex offender registries. Another service similar to the US OneSearch is the US AliasSearch. This service uses the same nationwide criminal database and checks for all the same records, but also searches for known aliases and maiden names. Along with these services, employers can use the ongoing criminal monitoring tool, which allows employers and businesses to keep track of their employee’s criminal activity. The tool works by constantly monitoring the employees to see if any criminal activity appears in their history after they have been employed. If they commit a criminal act while employed, their employer is notified through a confidential email. This service can be renewed yearly by the employer and names can be taken off the list or added during the renewal process. These services can provide comprehensive background checks that will assist companies and facilities through their screening processes so that only the most qualified employees are hired.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.masslive.com/news/index.ssf/2013/01/holyoke_municipal_workers_all.html

Author: Michael Klazema

After arrests of two city employees for child based crimes, the Newton Public School system in Massachusetts is expanding background checks for new employees to include checking the Sex Offender Registry Information system (SORI), a nationwide database of sex crime convictions. Second grade teacher David Ettlinger was arrested in January and charged with possession of child pornography, in addition to later charges of indecent assault of a child under 14, and posing a child in a state of nudity. The following week Newton library employee Peter Buchanan was arrested on charges of possession and dissemination of child pornography.

In light of these two cases, local parents are calling for tougher rules when it comes to hiring employees that will be working with children. Although background checks were performed on Ettlinger and Buchanan, since neither man had prior child related convictions the tighter procedures being adopted would not have alerted city officials. However, the school superintendent and the mayor have implemented the “Background Investigation Team”, a group of city employees gathered to study the matter of background checks as an “extra precaution.” Heather Richards, Director of Human Resources for the School Department says that her department has revised application forms for those seeking school employment, and includes reference checks.

The Criminal Offender Registry Information system (CORI) is already in use by the city and Newton Public Schools. As referenced in an earlier article, Massachusetts has recently revised laws regarding the use of this database. According to city Director of Human Resources Dolores Hamilton, if a new hire shows “a felony conviction, they are disqualified. If there is an open case, they are disqualified.” However, the use of CORI in Massachusetts only extends to a person’s criminal history within the state.

The Background Investigation Team has suggested using the FBI fingerprinting criminal database to expand the background checks on a national scale. A bill that would allow the state to acquire access to the FBI database and national criminal checks using fingerprints of school employees is currently in front of the Joint Committee on Education in the State House. Once adopted by the state and then city, each check will cost the school district $75. According to Mayor Setti Warren, it’s “critically important” for the legislation to pass. The team is also looking into background check vendors, and Richards says that the contracts would run about $200,000, but if the school district partnered with the city they could get a discounted rate.

When it comes to hiring employees that will be working with children, using proper background checks is even more important. Why rely on just one or two databases that only check one state? A reputable background check company like backgroundchecks.com has access to countless criminal record sources nationwide, and provides several options for instant results that cost far less than $75 per check. Their US Offender OneSEARCH combs Sex Offender Registry information from 49 states (plus Washington D.C., Guam, and Puerto Rico) with photos, and includes information contained in the US OneSEARCH. Even more comprehensive, the US OneSEARCH provides information from more than 355 million criminal records from counties, Department of Corrections (DOC), Administration of Courts (AOC) and State Sex Offender Registries covering 49 states plus Washington, D.C., Puerto Rico, and Guam. Cities looking to implement multi-jurisdictional background screening programs that look further than their own state could achieve significant cost savings vs. the previous stated per record check cost if they partner with backgroundchecks.com

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://www.wickedlocal.com/newton/news/x40861880/Newton-Public-Schools-expands-background-checks-for-new-hires?zc_p=0#axzz1wkuNEP1h

The Minnesota Department of Commerce has investigated several debt collection companies recently, and the outcome is troubling. What they have found is an industry that routinely overlooks the criminal history of its employees. One major debt collection company is accused a having at least 81 employees with convictions for felonies or gross misdemeanors on its staff. From the findings of the Commerce Department, it appears as if background checks are virtually non-existent when it comes to getting employment with some debt collection firms, and in some instances, outright admission of a criminal past is no bar to employment.

In one case, a woman admitted to bank card fraud and acting as a lookout in a robbery on her job application. The major debt-collection firm hired her, and didn’t report her criminal admissions to the Minnesota Commerce Department as required. The same company went on to hire convicted felons who checked “no” on the application when asked if they had prior criminal convictions, without conducting background checks. Some of the convictions later found were for assaults, receiving stolen goods, and forgery. The employee previously convicted of forgery was hired while on probation, and used her access to credit card data to steal from debtors.

Minnesota Department of Commerce Commissioner Mike Rothman doesn’t see these incidents as isolated as lobbyists for the debt collection industry do. Although it was only “a handful of companies that disobeyed the law”, the repercussions are serious. “In numerous instances, credit card numbers, bank accounts and personal financial information of vulnerable, financially stressed people were handed over to criminals,” he says. He goes on to say that this is not isolated to only Minnesota, but other states as well.

In Massachusetts, debt collectors for car related debts will often use constables. Appointed by cities to serve papers and execute court orders, there is no training and no statewide database to keep track of them. These constables carry badges and can charge what they want to seize a car. You must pay their fee in order to get your car back, sometimes as much as $600 or more. It was found that 88 constables in Boston alone had criminal arrest records. Martha Coakley, the Massachussetts Attorney General, is proposing that debt buyers be held responsible if third party collectors commit abusive behaviors when collecting on their behalf.

Responsible business ownership means practicing due dilligence when hiring new employees. It’s important to know you can trust who you’re hiring, especially when it comes to handling sensitive information. A background check company like backgroundchecks.com has provides several options for instant criminal results. Their US OneSEARCH provides fast access to information from more than 355 million criminal records from counties, Department of Corrections (DOC), Administration of Courts (AOC) and State Sex Offender Registries covering 49 states plus Washington, D.C., Puerto Rico, and Guam. Also included are national and international terrorism sources, more than 4.1 million photos, and their proprietary database of previously completed reports. And you may want to consider continous monitoring. Their Ongoing Criminal Monitoring tool allows you to automatically run a continuous background check against a name and date of birth, and they will notify you via email of any new information that may appear on the record.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services. Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com

Source: http://www.huffingtonpost.com/bill-bartmann/debt-collection-criminal-investigation_b_1384671.html

The House and Senate sent a bill to Governor Deval Patrick last week that would add funding to family shelters, youth jobs, and low-income disabled residents in Boston.  The spending amounted to $72 million for the rest of the year due to funding that would have run out in June.  A portion of the bill, including requiring the Gaming Commission to require background checks and drug screening for all employees, was amended at the last minute, and he decided to veto that section.  The amendment was apparently in response to the Commission attempting to hire Stanley McGee as its new interim executive director.  McGee previously settled a lawsuit out of court with the family of a boy he was accused of sexually abusing.  Patrick did not seem to think this warranted stricter requirements for the state agency though.  Currently, McGee is an assistant economic development secretary for Patrick’s administration, which is causing some to wonder if Patrick had alternate motives for his veto.

Patrick explained his decision by saying that, “the highest levels of background checks and screening may not be necessary nor appropriate for every employee.”  Currently, the Gaming Commission uses its own discretion when it comes to hiring, though some believe any agency with such status should be upheld to the highest of standards.  Now, though they have the option to carry out background checks if they so choose, hiring and the consequences of their hiring will be completely up to the Gaming Commission.  Brad Jones, House minority leader and proposer of the amendment, says that any future consequences on their part will now also, “fall on the doorstep of the governor.” Other representatives are concerned that the veto will lead to more corruption.  With the Gaming Commission being such a tempting industry for financial criminals and other types of criminal interests, “leaving weak links in the chain is an invitation.” said Representative Daniel Winslow as he reminded reporters of mobster James “Whitey” Bulger as a past hire of the Commission.  He, among others, is concerned that this will not be the last major criminal to find their way into the Commission.

The question seems to be whether or not all employees of the Gaming Commission would really need such deep background checking.  The Governor cited secretaries as an example.  When it was the head of the interim Head getting looked into though, he stepped down before background checks could be finished, which does look suspicious to those now calling for the extra safety measures.  One representative hired an outside company, much like backgroundchecks.com which turned up the previous arrests of McGee, including the sexual abuse situation.  Companies like backgroundchecks.com can find convictions relating to these matters using national databases like US OneSEARCH and US AliasSEARCH, which can in some cases catch criminals who have been convicted of crimes in other states before they enter sensitive positions, such as those affiliated with the Gaming Commission.  These databases are regularly updated by dedicated teams, making sure companies who partner with backgroundchecks.com have the most accurate information possible for their hiring processes.

Update 5/31/2012:

it seems like the Massachusetts House of Representatives felt strongly about the full background screening requirement and on Wednesday May 30th voted unanimously to override the Governor's veto, ensuring that all employees of the state's Gaming Commission are again required to undergo a full criminal background check and pass a drug screen test.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) and cofounder of the Expungement Clearinghouse - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://articles.boston.com/2012-05-12/metro/31670256_1_background-checks-spending-bill-veto

Source for update: http://www.boston.com/news/local/massachusetts/articles/2012/05/30/mass_house_overrides_govs_background_check_veto/

On Monday, Massachusetts made updates to its CORI (Criminal Offender Record Information) system, making access to its records much easier for employers.  However, it will limit just how far background checks will be able to see to just ten years.  They made these changes in an effort to help people with old convictions find work so they can move on with their lives.

Many organizations believe the right for employers to know as much as possible about the criminal history of their workers takes precedence though.  On the other hand, a Massachusetts coalition of 125 different community organizations, religious institutions, and labor unions wants to bar access for screening companies that perform background checks, if their searches also extend beyond the CORI system, including checking court records at the source in each jurisdictions as that information might go much farther back and sometimes contain more details.

A spokesperson for the NAPBS stated that such a move would, “harm Massachusetts’s employers [by placing] restrictions on what information they’re allowed to use.”  Proponents of the law though see it another way.  Steve O’Neil, spokesman for a prisoner advocacy group says that the measure they advocate for is meant “to ensure that criminal records that are nonconvictions, very old convictions, or inaccurate would not be used against them and prevent them from getting housing or employment in the future.”  For now, employers, landlords, and background screening companies can access the CORI registry unrestricted, while understanding that search results are limited to the ten year rule except in the case of homicides and sex offenses. 

So far, Massachusetts is the only state to consider restricting access to its CORI system if users also look elsewhere for information, but it’s definitely receiving attention from groups in other states.  Most of these groups are background screening companies who believe that the information they provide is crucial to a transparent hiring processes, especially in terms of sensitive positions.  If companies use reputable organizations like backgroundchecks.com, the criminal records they receive would not show arrest records, but only instead focus on convictions.  Additionally, backgroundchecks.com updates their records constantly, sometimes having more up to date records than government organizations like the FBI finger print databases.  Their records not only give criminal conviction histories from all states through databases like US OneSEARCH, but also convictions under alternate identities and previous names from databases like US AliasSEARCH.  Are companies ready to give up this kind of access to help former convicts or will other states protect their companies by not following in the footsteps of Massachusetts?

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Source: http://articles.boston.com/2012-05-07/business/31612837_1_professional-background-screeners-cori-check-criminal-backgrounds

The firm that runs the swan boat rides in Boston has recently revealed that they do not put their employees through background checks, even though they commonly work around children, the elderly and disabled residents. As part of the city’s department of Parks and Recreation, Boston Finance Commission Executive Director Matthew Cahill has demanded an audit of the department immediately and to find out why background checks are not being done.

The swan boat rides typically run from April to September and generally is run by nearby college students, however, most of them have never been put through a background check at all. There is no telling what type of backgrounds these students have, yet they are . This could be an extremely dangerous situation.

The only way to be on top of this is to run background checks on all employees. Hiring a third party back ground company like backgroundchecks.com may be the best way to do this. They have various products, like their US OneSEARCH, which not only will provide a look at criminal records in all fifty states, but also will check sex offender databases throughout the country. All of this can help keep children, the elderly and the disabled, safe.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Click here to find out about our authors

Source: http://www.bostonherald.com/news/regional/view/20220302no_criminal_checks_on_employees/

In an effort to protect students, the Medford, MA school district has launched a new background check system in their schools. All visitors of any of the Medford schools will need to show ID at the school office. At that point, the office will run an instant background check on the person which will show any criminal history. The person’s name will also be run though the state sex offender database.

If a person who is at the office has a suspicious record, administrators are immediately notified and the person is asked to leave school property. Though the system was $10,000, something that many schools may not be able to afford, Medford schools feel as if it was a good investment. In addition to keeping their visitors on track when it comes to these instant background checks, all staff and volunteers are put through a more extensive background check like those you may find at third party companies.

One of these third party companies, backgroundchecks.com, offers several products that can offer such instant checks to help keep their schools safe. One of the instant products is called US Offender OneSEARCH.

About backgroundchecks.com -

backgroundchecks.com - a founding member of the National Association of Professional Background Screeners (NAPBS®) - serves thousands of customers nationwide, from small businesses to Fortune 100 companies by providing comprehensive screening services.  Headquartered in Dallas, Texas, with an Eastern Operations Center in Chapin, S.C., backgroundchecks.com is home to one of the largest online criminal conviction databases in the industry. For more information about backgroundchecks’ offerings, please visit www.backgroundchecks.com.

Click here to find out more about our authors

Source: http://www.wickedlocal.com/medway/news/x1170540400/New-security-system-is-Gate-for-Medway-schools#axzz1nrqAGHBf

In 2010, Massachusetts enacted a new law governing the use of criminal records for employment in Massachusetts. Since then, the Massachusetts legislature delayed the effective date of some of the parts of the law that would have come into effect on February 6, 2012. The new effective date is May 4, 2012. The change is buried deep in the general appropriations act for 2010 and 2011 (section 102 of Chapter 359 of the Massachusetts session laws).

One key component that employers must address before May 4 is this requirement:

A person who annually conducts 5 or more criminal background investigations, whether criminal offender record information is obtained from the department or any other source, shall maintain a written criminal offender record information policy providing that, in addition to any obligations required by the commissioner by regulation, it will: (i) notify the applicant of the potential adverse decision based on the criminal offender record information; (ii) provide a copy of the criminal offender record information and the policy to the applicant; and (iii) provide information concerning the process for correcting a criminal record.

Employers who do not already have a more elaborate policy may want to adopt a simple policy similar to the following:

The company’s policy is that, before making an adverse decision based on criminal offender record information, the company notifies the subject of the potential decision, of the criminal offender record information on which the potential adverse decision would be based, of this policy, and of how to correct a criminal record.

A company that follows this recommendation should send an additional letter just to Massachusetts applicants. The key part of the letter would include text like the following:

The company’s policy is that, before making an adverse decision based on your criminal offender record information, we notify you of the potential decision, of the criminal offender record information on which we might make an adverse decision, of this policy, and of how to correct a criminal record. This letter notifies you of these items.

To correct a criminal record, please contact backgroundchecks.com customer service. at the number below. We will assist you by identifying the court or agency to contact.

Since this policy and statement would be true for all applicants and employees, we see no reason to limit them to Massachusetts applicants and employees.

The other key component that employers must implement by May 4 is this requirement:

In connection with any decision regarding employment, volunteer opportunities, housing or professional licensing, a person in possession of an applicant’s criminal offender record information shall provide the applicant with the criminal history record in the person’s possession, whether obtained from the department or any other source prior to questioning the applicant about his criminal history. If the person makes a decision adverse to the applicant on the basis of his criminal history, the person shall also provide the applicant with the criminal history record in the person’s possession, whether obtained from the department or any other source; provided, however, that if the person has provided the applicant with a copy of his criminal offender record information prior to questioning the person is not required to provide the information a second time in connection with an adverse decision based on this information.

This requirement primarily affects the hiring process depending on whether the background check or the interview happens first. If the background check happens first, you must provide a copy of the information to the applicant before asking the applicant about it. (Technically, this could happen outside the interview – it is just more likely to happen inside the interview.) Remember that the part of the law already in effect makes it illegal:

For an employer to request on its initial written application form criminal offender record information; provided, however, that except as otherwise prohibited by subsection 9, an employer may inquire about any criminal convictions on an applicant’s application form if: (i) the applicant is applying for a position for which any federal or state law or regulation creates mandatory or presumptive disqualification based on a conviction for 1 or more types of criminal offenses; or (ii) the employer or an affiliate of such employer is subject to an obligation imposed by any federal or state law or regulation not to employ persons, in either 1 or more positions, who have been convicted of 1 or more types of criminal offenses.

Our view is that the risk-averse reading of this statute is to treat any collection of information from the applicant as the “initial written application form” if it occurs before an interview. Of course, the background check that you request from a background screening agency is not a request on the application form at all. Together with the part of the law cited above, this means that the first time you can ask your applicant about criminal history is during the interview. This rule also has the benefit of being easy for managers to follow.

These requirements apply to any employer that does business in and takes employment applications in Massachusetts. But employers should note that the Massachusetts Commission against Discrimination reserves the right to examine other scenarios on a case-by-case basis.

We are not a law firm and cannot give legal advice. We have not (and cannot legally) considered your company’s specific situation when considering the solutions recommended above. If you need that kind of advice, please consult an attorney of your choice.

If you are a backgroundchecks.com customer and have questions about how we can help, please contact your Client Relations Representative.