Massachusetts Background check basics for HR — Ask HR AI

What changes in Massachusetts

Report lookback: 5 years misdemeanor / 10 years felony (M.G.L. c. 6 §172). Massachusetts caps misdemeanor reporting at five years and felony reporting at ten years from disposition or release.
Ban-the-box: Statewide (CORI reform; M.G.L. c. 151B §4). Employers may not ask about criminal history on the initial application and may not consider arrests not leading to conviction or first-conviction misdemeanors for several enumerated offenses.
Salary history: Banned (M.G.L. c. 149 §105A). Employers may not seek wage-history information. Effective 2025, employers with 25+ workers must disclose pay range in postings.

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"Review our FCRA disclosure and authorization form for standalone compliance. Focus on Massachusetts."

Step 1. Use the Massachusetts report lookback correctly: 5 years misdemeanor / 10 years felony (M.G.L. c. 6 §172).
Step 2. Follow the FCRA §1681b(b)(2)(A) disclosure and authorization rules and layer any MA-specific consent language required.
Step 3. Respect the Massachusetts ban-the-box trigger (Statewide (CORI reform; M.G.L. c. 151B §4)) before running any criminal search.
Step 4. Check MA statutes for expungement, seal, and non-conviction reporting rules and configure the CRA to suppress those records.

Yes. The FCRA requires a clear and conspicuous standalone disclosure — not buried in an employment application — before obtaining a consumer report.

No. Courts have repeatedly held that adding a liability release voids the disclosure and creates statutory FCRA liability.

One valid, written authorization can support future reports if it clearly discloses that possibility; otherwise, get a new authorization each time.

Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.