At-a-Glance Compliance Overview

State Mini-FCRA Laws

Massachusetts maintains a consumer reporting statute that supplements the federal Fair Credit Reporting Act. The law is codified at Massachusetts General Laws Chapter 93 §§52–57.

This statute governs consumer reporting agencies operating in Massachusetts and regulates the preparation and furnishing of consumer reports used for employment screening.

Key provisions include:

• restrictions on the reporting of certain adverse information in consumer reports

• requirements governing the accuracy and maintenance of consumer report information

• consumer rights to dispute incomplete or inaccurate information

• obligations requiring consumer reporting agencies to maintain reasonable procedures to ensure report accuracy.

Employers obtaining background checks through third-party screening providers must ensure that consumer reports comply with both the federal Fair Credit Reporting Act and Massachusetts consumer reporting law.

Criminal Record Reporting Rules

Massachusetts regulates criminal record reporting by consumer reporting agencies through M.G.L. Chapter 93 §52.

Seven-Year Reporting Restriction

Consumer reporting agencies may not report certain adverse information when it predates the report by more than seven years, including:

• arrests

• indictments

• criminal charges

• criminal convictions.

Salary Exception

The seven-year reporting restriction does not apply when the consumer report is used for employment where the expected annual salary is $20,000 or more.

Because most employment positions exceed this threshold, criminal convictions may frequently appear in background reports without time limitation in practice.

Sealed and Expunged Records

Massachusetts law permits certain criminal records to be sealed or expunged. Consumer reporting agencies generally may not report sealed records, and applicants may lawfully state that they have no criminal record in most employment situations once a record has been sealed.

Fair Chance / Ban-the-Box Law

Massachusetts regulates criminal history inquiries through its statewide ban-the-box statute.

The law appears in M.G.L. Chapter 151B §4(9½).

Employer Coverage

The law applies to most public and private employers operating in Massachusetts.

Criminal History Inquiry Timing

Employers may not ask about criminal history on an initial written job application.

Employers may inquire about criminal history later in the hiring process.

Restrictions on Employer Inquiries

Employers may not require applicants to disclose:

• arrests or detentions that did not result in conviction

• first convictions for certain minor misdemeanors such as drunkenness, simple assault, or minor traffic violations

• misdemeanor convictions older than three years, unless the applicant was incarcerated during that period

• sealed or expunged criminal records.

These inquiry restrictions operate independently from consumer reporting laws governing background checks.

CORI System Requirements

Massachusetts maintains a centralized criminal record system known as Criminal Offender Record Information (CORI), governed by M.G.L. Chapter 6 §§167–178.

Employers obtaining criminal history information directly through the CORI system must comply with additional procedures.

Key requirements include:

• obtaining written authorization from the applicant before requesting a CORI record

• providing a copy of the CORI record to the applicant before questioning them about it

• providing a copy of the criminal record before taking adverse action

• maintaining a written CORI policy if the employer conducts five or more criminal background checks per year.

These procedures are administered by the Massachusetts Department of Criminal Justice Information Services (DCJIS).

Credit Check Restrictions

Massachusetts does not impose a comprehensive statutory prohibition on employer use of consumer credit reports for employment purposes.

Employers may obtain consumer credit reports if they comply with:

• the federal Fair Credit Reporting Act, and

• the Massachusetts consumer reporting statute.

Employers must provide applicants with clear written disclosure and obtain written authorization before obtaining a consumer report.

Employers must also follow federal adverse action procedures when employment decisions are based on information contained in consumer reports.

Cannabis Use and Drug Testing Rules

Massachusetts permits both medical and recreational marijuana use.

Recreational Marijuana

Recreational marijuana became legal under the Massachusetts Regulation and Taxation of Marijuana Act.

Employers may maintain drug-free workplace policies and prohibit impairment during working hours.

Medical Marijuana

Massachusetts courts have held that medical marijuana use may qualify as a disability-related accommodation in certain circumstances.

Employers may be required to consider reasonable accommodations for medical marijuana use unless doing so would create an undue hardship.

Safety-sensitive positions or federal regulatory requirements may justify stricter drug testing policies.

Pay Equity and Salary History Rules

Massachusetts regulates compensation practices during hiring through the Massachusetts Equal Pay Act, codified at M.G.L. Chapter 149 §105A.

Salary History Ban

Employers may not ask applicants about wage or salary history before making an offer of employment that includes compensation.

Applicants may voluntarily disclose wage history after an offer has been made.

Employers may not rely on salary history when determining compensation.

Pay Transparency

Massachusetts enacted a pay transparency law requiring certain employers to disclose compensation ranges in job postings.

Covered employers must include salary ranges when advertising job openings.

Local Fair Chance or Screening Ordinances

Massachusetts primarily regulates criminal history inquiries through its statewide ban-the-box statute.

No major municipal fair chance hiring ordinances currently apply to private employers beyond the statewide law.

Employers hiring across Massachusetts generally follow the same criminal history inquiry rules statewide.

Record Sealing / Clean Slate Laws

Massachusetts allows individuals to seal certain criminal records under M.G.L. Chapter 276 §§100A–100C.

Once a record is sealed:

• the record generally may not be disclosed to employers

• applicants may lawfully state that they have no criminal record in most employment situations.

Massachusetts has expanded eligibility for record sealing in recent years, reducing waiting periods for certain misdemeanor and felony convictions.

Employers should ensure that background screening providers exclude sealed records from employment background reports.

Key Statutes

• Massachusetts Consumer Reporting Law — M.G.L. Chapter 93 §§52–57
• Criminal Offender Record Information (CORI) Law — M.G.L. Chapter 6 §§167–178
• Massachusetts Ban-the-Box Law — M.G.L. Chapter 151B §4(9½)
• Massachusetts Equal Pay Act — M.G.L. Chapter 149 §105A
• Record Sealing Statutes — M.G.L. Chapter 276 §§100A–100C

Employer Compliance Checklist

Employers conducting background checks in Massachusetts should implement several compliance practices.

Remove criminal history questions from initial written job applications.

Ensure consumer reporting agencies comply with Massachusetts reporting limits for criminal records unless the salary exception applies.

Follow CORI procedures when accessing criminal records directly through the state system.

Delay salary history inquiries until after making a compensation offer.

Provide proper disclosure and obtain written authorization before obtaining consumer reports.

Exclude sealed criminal records from employment background reports and hiring decisions.