Massachusetts background check laws for employers

At a glance

The Massachusetts rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: Employers with 6 or more employees and their agents for the application-form ban (c. 151B s. 1(5), s. 4(9 1/2)); every person in possession of an applicant’s CORI for the copy duties (c. 6 s. 171A); every person or entity running 5 or more checks a year for the written policy (c. 6 s. 171A; 803 CMR 2.18).

An employer may not ask about criminal offender record information on the initial written application. Two exceptions: the position has a mandatory or presumptive disqualification under federal or state law for certain convictions, or the employer (or an affiliate) has a legal obligation not to employ people convicted of certain offenses. After the application stage, questions must stay inside the c. 151B s. 4(9) limits. Any person holding an applicant’s CORI must hand the applicant a copy of the record before asking about it and again before making an adverse decision based on it. Any person who runs 5 or more criminal background investigations a year must keep a written CORI policy that promises notice of a potential adverse decision, a copy of the record and the policy, and information on correcting a record. The policy must follow the DCJIS Model CORI Policy (803 CMR 2.18).

Exceptions

• C. 151B s. 4(9 1/2)(i): positions with a mandatory or presumptive disqualification under federal or state law
• C. 151B s. 4(9 1/2)(ii): employers with a federal or state legal obligation not to employ people convicted of certain offenses

M.G.L. c. 151B s. 4(9 1/2) · M.G.L. c. 6 s. 171A · M.G.L. c. 6 s. 171A · 803 CMR 2.18(1) (official DCJIS regulation PDF on mass.gov) · M.G.L. c. 151B s. 1(5)

What a background check report may include

Who it covers: All consumer reporting agencies (c. 93 s. 52). The inquiry limits in c. 151B s. 4(9) bind employers with 6 or more employees and their agents (c. 151B s. 1(5)).

Massachusetts has its own 7-year rule. A consumer reporting agency may not report arrest, indictment, or conviction records once 7 years have passed since disposition, release, or parole. Suits and judgments, paid tax liens, collection accounts, and other adverse items also drop after 7 years. Bankruptcies drop after 14 years. Sealed eviction records may never be reported. No salary threshold lifts these limits for employment; the only exceptions are credit transactions and life insurance of $50,000 or more. Separately, an employer may not ask about or use: an arrest or charge that did not end in conviction; a first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; a misdemeanor conviction that is 3 or more years old (unless there is a conviction within the last 3 years); or any sealed or expunged record.

Exceptions

• C. 93 s. 52(b): the time limits do not apply to a credit transaction of $50,000 or more or life insurance with a face amount of $50,000 or more
• C. 151B s. 4(9): the 3-year misdemeanor rule does not apply if the person was convicted of any offense within the prior 3 years

M.G.L. c. 93 s. 52(a)-(b) · M.G.L. c. 151B s. 4(9) · M.G.L. c. 151B s. 4(9) · M.G.L. c. 151B s. 1(5)

Sealed and expunged records

Who it covers: All employers (the inquiry bar); all individuals with eligible records (sealing).

Sealing is by request, not automatic. A person may ask the Commissioner of Probation to seal a misdemeanor 3 years after the case ended and a felony 7 years after, with no later convictions in that window. A person with a sealed record may answer “no record” to an employment question about prior arrests or court appearances. Employers may not ask about or use sealed or expunged records (c. 151B s. 4(9)). An automatic sealing bill (S.1114) is in Senate Ways and Means.

M.G.L. c. 276 s. 100A · M.G.L. c. 276 s. 100A · M.G.L. c. 276 s. 100A · M.G.L. c. 276 s. 100F(a) (expungement is by petition)

Salary history questions

Who it covers: All employers (s. 105A). Pay-range disclosure: employers with 25 or more employees in the commonwealth (s. 105F).

In force since: July 1, 2018

An employer may not seek the wage or salary history of a prospective employee from the applicant or a current or former employer, and may not require that prior pay meet any criteria. Two exceptions: if the applicant volunteers the information, the employer may confirm it; and the employer may seek or confirm pay history after an offer with compensation has been negotiated and made. Since October 29, 2025, employers with 25 or more employees in Massachusetts must also disclose the pay range in each job posting and on request.

Exceptions

• S. 105A(c)(2)(i): confirming pay the applicant voluntarily disclosed
• S. 105A(c)(2)(ii): after an offer of employment with compensation has been negotiated and made

M.G.L. c. 149 s. 105A(c)(2) · M.G.L. c. 149 s. 105A(c)(2)(ii) · M.G.L. c. 149 s. 105F(b) (added by St. 2024 c. 141 s. 7) · St. 2016 c. 177 s. 4 (pay equity act effective date)

Cannabis use and testing

Who it covers: All employers; c. 151B handicap accommodation applies to employers of 6 or more.

No statute protects off-duty adult use. The adult-use law says it does not require an employer to permit or accommodate marijuana use and does not limit workplace policies restricting employee consumption. There is no limit on pre-employment THC testing. Medical use is different: the Supreme Judicial Court held in Barbuto (2017) that a qualified handicapped employee’s off-site medical marijuana use can be a facially reasonable accommodation under c. 151B s. 4(16), and the employer must prove undue hardship to refuse it.

Exceptions

• C. 94G s. 2(e): no duty to permit or accommodate conduct allowed by the chapter; workplace consumption policies stand
• Barbuto: on-site medical use never requires accommodation (St. 2012 c. 369 s. 7(D)); the employer may prove undue hardship (for example, a federal contract or safety requirement)

M.G.L. c. 94G s. 2(e) · Barbuto v. Advantage Sales & Marketing, LLC, 477 Mass. 456 (2017) · Barbuto, 477 Mass. 456 (2017) (same copy) · Massachusetts Trial Court Law Libraries, 'Massachusetts law about medical marijuana' (official court library summary of Barbuto)

The state consumer reporting law

Who it covers: Every user of a consumer report for employment purposes and every consumer reporting agency; 803 CMR 2.22 applies to requestors that use a CRA to obtain CORI.

Massachusetts Consumer Credit Reporting Act, M.G.L. c. 93 ss. 50-68. Before requesting any consumer report for employment, the user must give the employee or applicant written notice that a report will be requested; for current employees, notice in an employee manual is enough (s. 60). For an investigative consumer report, the person must disclose in writing, before requesting it, that such a report commonly includes character, reputation, personal characteristics, and mode of living, state the precise nature and scope of the investigation, and get the consumer’s written permission; the consumer may get a copy on request (s. 53). Consumer reporting agencies must disclose to the consumer the recipients of any employment-purpose report (s. 56). Adverse-action notice is s. 62. Obsolete-information limits are s. 52 (see reporting_limits). When an employer uses a consumer reporting agency to pull CORI from DCJIS, 803 CMR 2.22 adds duties: the employer must register for iCORI and designate the CRA, give the subject a stand-alone written notice that a consumer report may be used, get a separate written authorization (the CORI Acknowledgment Form does not substitute), and get a signed CORI Acknowledgment Form with identity verification.

Exceptions

• S. 53(c): no liability if the person proves reasonable procedures were maintained to comply

M.G.L. c. 93 s. 60 · M.G.L. c. 93 s. 53(a) · M.G.L. c. 93 s. 53(a) · M.G.L. c. 93 s. 56(a)(3) · M.G.L. c. 93 s. 50 (definitions) · 803 CMR 2.22(1)(a) (official DCJIS regulation PDF on mass.gov)

Where federal law alone applies

We found no Massachusetts rule for private employers on these topics. The FCRA and other federal laws still apply.

• Credit checks
• Drug testing procedures

Local rules

Some places in Massachusetts add their own rules. A local rule applies on top of the state rule.

• Boston (city). City vendors only. Vendors that run CORI checks must follow the city’s CORI screening rules (Boston Code 4-7.1 to 4-7.9): no CORI question on the initial application, a copy of the record and a chance to dispute it before an adverse decision, and an appeal path. No private-employer rule outside city contracting. City of Boston Code of Ordinances ch. IV s. 4-7 'CORI Screening by Vendors of the City of Boston' (Ord. 2005 c. 7; eff. July 1, 2006)
• Cambridge (city). City vendors only. Vendors that are required by law to run CORI checks must adopt the City of Cambridge CORI Policy and certify compliance with bids. No private-employer rule outside city contracting. Cambridge Municipal Code ch. 2.112 ss. 2.112.060-2.112.065 'CORI Screening by Vendors of the City of Cambridge' (Ord. 1312, January 28, 2008)
• Worcester (city). City vendors and tax-incentive (TIF/TIE) applicants only. Vendors follow ‘Fair CORI Practices’ (Rev. Ord. 2008 ch. 2 s. 37); TIF/TIE applicants must have a CORI policy matching the city’s (ch. 2 s. 35A(c)(5)). No private-employer rule outside city contracting and incentives. Worcester Revised Ordinances of 2008 ch. 2 s. 37 (ordained June 23, 2009) and s. 35A (ordained December 5, 2023)

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Massachusetts requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Massachusetts sets these for each new hire.

• State withholding. Have each new hire complete both the federal W-4 and the Massachusetts M-4; Massachusetts does not use the W-4 in place of the M-4. Form M-4
• New hire report. Report each new hire to Massachusetts within 14 days; some independent contractors must be reported too. State new hire reporting
• Notices at hire. Paid Family and Medical Leave (PFML) written notice to new employees, with signed acknowledgment; Earned Sick Time Notice of Employee Rights; Written sexual harassment policy (6 or more employees); Written notice of pregnancy and lactation accommodation rights (Pregnant Workers Fairness Act) (6 or more employees).

Build the new hire checklist for Massachusetts, with city rules, special cases and a due date for each item.

Sources

• M.G.L. c. 151B s. 4(9 1/2)
• M.G.L. c. 6 s. 171A
• 803 CMR 2.18(1) (official DCJIS regulation PDF on mass.gov)
• M.G.L. c. 151B s. 1(5)
• M.G.L. c. 93 s. 52(a)-(b)
• M.G.L. c. 276 s. 100A
• M.G.L. c. 276 s. 100F(a) (expungement is by petition)
• M.G.L. c. 149 s. 105A(c)(2)
• M.G.L. c. 149 s. 105F(b) (added by St. 2024 c. 141 s. 7)
• St. 2016 c. 177 s. 4 (pay equity act effective date)
• M.G.L. c. 94G s. 2(e)
• Barbuto v. Advantage Sales & Marketing, LLC, 477 Mass. 456 (2017)
• Massachusetts Trial Court Law Libraries, ‘Massachusetts law about medical marijuana’ (official court library summary of Barbuto)
• M.G.L. c. 93 s. 60
• M.G.L. c. 93 s. 53(a)
• M.G.L. c. 93 s. 56(a)(3)
• M.G.L. c. 93 s. 50 (definitions)
• City of Boston Code of Ordinances ch. IV s. 4-7 ‘CORI Screening by Vendors of the City of Boston’ (Ord. 2005 c. 7; eff. July 1, 2006)
• Cambridge Municipal Code ch. 2.112 ss. 2.112.060-2.112.065 ‘CORI Screening by Vendors of the City of Cambridge’ (Ord. 1312, January 28, 2008)
• Worcester Revised Ordinances of 2008 ch. 2 s. 37 (ordained June 23, 2009) and s. 35A (ordained December 5, 2023)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.