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Massachusetts Background Check Laws

7-year lookback limitLast updated:

Massachusetts limits background check reporting of convictions to 7 years with NO salary exception — one of the strongest protections in the U.S. Arrest records cannot be reported. Ban-the-box covers all employers with 6+ employees.

Overview

Massachusetts has some of the strongest background check protections in the country. The state enforces a strict 7-year lookback on criminal convictions with no salary exception (M.G.L. ch. 93, § 52(5)), meaning consumer reporting agencies cannot report convictions older than seven years regardless of the position's salary. Arrest records are prohibited from being reported under the CORI (Criminal Offender Record Information) system. Massachusetts also has a comprehensive ban-the-box law covering all employers with 6 or more employees, preventing criminal history questions until after the initial written application stage.

How Far Back Does a Background Check Go in Massachusetts?

Record TypeRule in Massachusetts
Felony ConvictionsFelony convictions follow the same 7-year rule. After 7 years, felony convictions cannot be included in a consumer report, regardless of the position or salary level.
Misdemeanor ConvictionsMisdemeanor convictions follow the same 7-year rule. After 7 years, misdemeanor convictions cannot appear on a consumer report.
All ConvictionsConsumer reporting agencies may not report criminal convictions older than 7 years (M.G.L. ch. 93, § 52(5)). Unlike many other states, there is NO salary exception — this protection applies to all positions regardless of pay.
Arrests (No Conviction)Arrest records that did not result in a conviction are PROHIBITED from being reported at any time. Massachusetts CORI laws strictly govern access to criminal record information, and arrests without dispositions or with non-conviction outcomes are excluded from most background reports.
Pending CasesPending criminal cases may still be reported, as they represent active matters in the court system. However, CORI access levels determine who can see what information about pending cases.

Ban the Box / Fair Chance

Yes — covers private employers

Massachusetts ban-the-box law applies to all employers with 6 or more employees. Employers cannot ask about criminal history on the initial written application. Criminal history inquiries are permitted after the initial application stage. The law was originally enacted in 2010 and strengthened in subsequent years.

Effective: 2010-11-04

Clean Slate / Auto-Sealing

No Clean Slate law

Massachusetts does not currently have a Clean Slate (automatic record sealing) law. Bill S.1114, filed in the 2025 legislative session, proposed automatic sealing of misdemeanor records after 3 years and felony records after 7 years, but had not been enacted as of early 2026. Massachusetts does allow petition-based record sealing under M.G.L. ch. 276, § 100A.

What Employers Can Do in Massachusetts

When can employers ask about criminal history?
After the initial written application. Employers with 6 or more employees cannot include criminal history questions on the job application itself. Questions may be asked during interviews or later in the hiring process.
What can they consider?
Employers may only access CORI records appropriate to their access level. They may consider conviction records from the past 7 years. Sealed and expunged records should not appear. Employers are encouraged to consider the nature of the offense, how long ago it occurred, the applicant's age at the time, and the relevance to the position.
Individualized assessment required?
Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in Massachusetts

  • Massachusetts Consumer Reporting Act (M.G.L. ch. 93, § 52)

    Prohibits consumer reporting agencies from reporting criminal convictions older than 7 years, with no salary exception. Also restricts reporting of other adverse information.

  • CORI Reform Act (M.G.L. ch. 6, §§ 167-178B)(2010)

    Comprehensive criminal record information system that governs who can access criminal records, what information is available at each access level, and how CORI data may be used in employment decisions.

  • Ban-the-Box Law (M.G.L. ch. 151B, § 4(9½))(2010)

    Prohibits employers with 6 or more employees from asking about criminal history on the initial written employment application.

  • Record Sealing Statute (M.G.L. ch. 276, § 100A)

    Allows individuals to petition to seal criminal records. Misdemeanors can be sealed 3 years after disposition; felonies can be sealed 7 years after disposition or release from incarceration, whichever is later.

Frequently Asked Questions — Massachusetts

How far back does a background check go in Massachusetts?
In Massachusetts, consumer reporting agencies can only report criminal convictions from the past 7 years. This is one of the strongest protections in the country because there is NO salary exception — the 7-year limit applies regardless of how much the job pays.
What is CORI and how does it affect me?
CORI stands for Criminal Offender Record Information. It's the system Massachusetts uses to manage criminal record data. Different entities (employers, landlords, licensing boards) have different access levels that determine what records they can see. Most employers can only see convictions — not arrests without disposition or sealed records. You can request your own CORI report to see what others might see.
Can an employer see my arrest record in Massachusetts?
No. Under Massachusetts CORI laws, arrest records that did not lead to a conviction are not available to most employers. Consumer reporting agencies are also prohibited from including non-conviction arrest records in background reports.
Can a Massachusetts employer ask about criminal history on a job application?
No, employers with 6 or more employees cannot ask about criminal history on the initial written application. This is Massachusetts' ban-the-box law. Criminal history questions may come up later in the hiring process, but not on the application form itself.
How do I seal my criminal record in Massachusetts?
You can petition to seal your record at the Commissioner of Probation's office. Misdemeanors are eligible for sealing 3 years after the case is resolved. Felonies are eligible 7 years after the case is resolved or after release from incarceration, whichever is later. Some offenses (like sex offenses involving minors) cannot be sealed.
Is Massachusetts working on a Clean Slate law?
Yes, there have been active legislative efforts. Bill S.1114, introduced in the 2025 session, proposed automatic sealing of eligible misdemeanor records after 3 years and felony records after 7 years. While not enacted as of early 2026, advocacy for automatic record relief continues. In the meantime, petition-based sealing remains available.
Will a sealed record show up on a background check in Massachusetts?
Generally no. Sealed records should not appear on standard employer background checks or CORI reports. However, certain agencies (law enforcement, some licensing boards) may still have access to sealed records depending on their CORI access level. For most private employers, a sealed record will not be visible.
How do I get my own CORI report?
You can request your CORI report through the Massachusetts Department of Criminal Justice Information Services (DCJIS). You can do this online through the iCORI system or in person. It's a good idea to check your own CORI before applying for jobs so you know what employers will see and can address any errors.

Massachusetts Resources

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Massachusetts for advice about your specific situation. Information was last verified on 2026-04-01.