Massachusetts’ fair employment practices law makes it unlawful for any covered employer, public or private, to request any information from an employee or applicant for employment about: (1) an arrest without conviction; (2) a first conviction for misdemeanors such as simple assault or minor traffic violations; and (3) any conviction of a misdemeanor that occurred five or more years before the application date. Neither public nor private employers may ask about individuals’ criminal history when they first apply for a job. In addition, employers may not take into account conviction records that have been pardoned or sealed. Massachusetts also limits the availability of conviction-related information to employers and licensing agencies through the Criminal Offender Record Information System (CORI)
There is no general limitation on how conviction is considered in occupational licensing, although each licensing agency must “provide a list of the specific criminal convictions that are directly related to the duties and responsibilities for the licensed occupation that may disqualify an applicant from eligibility for a license.” A few occupations require there to be some type of relationship (“direct” or “substantial”) between the conviction and the duties of the occupation.
