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Massachusetts made changes to their Ban the Box ordinance. These changes will go into effect on October 13, 2018. (reprinted from CareerBuilder Employment Screening)
Under Massachusetts law, employers are prohibited from asking for information about an applicant’s criminal history on an “initial written employment application” (this is referred to as the “ban the box” provision).
After the “initial written employment application,” Massachusetts employers are still restricted on the types of criminal history questions they may ask applicants. Massachusetts employers may not ask for information about the following types of criminal history:
  1. An arrest, detention, or disposition regarding any violation of law in which no conviction resulted;
  2. A first offense for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; and
  3. Any conviction of a misdemeanor where the date of conviction, or the completion of any period of incarceration resulting therefrom, occurred three or more years prior to the date of the application, unless such person has been convicted of any offense within the preceding three-year period.
    1. This restriction was reduced from five-year period.
  4.  An applicant’s criminal record that has been sealed or expunged. 

 

NOTE: CareerBuilder Employment Screening, LLC is not a law firm.  Nothing presented in this communication is intended or should be construed as legal advice. You should always seek the advice of your own legal counsel.
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