An Employer’s Guide to Massachusetts Background Checks

Background checks are powerful tools for employers looking to grow their teams. In the state of Massachusetts, these checks are widely used across many industries as part of the hiring process.

 If you’re in the beginning stages of interviewing potential candidates, now is the perfect time to learn about how informative and helpful these checks can be throughout the process. Read on to see what these checks include and how you can utilize them to your advantage.

What Is a Massachusetts Background Check?

There are many different types of background checks that can be administered in the state of Massachusetts. These checks may be used for employment and other permissible purposes, subject to applicable federal and state laws.

Background checks are generally conducted to uncover criminal history, though they can also reveal other relevant records, including a person’s driving history, credit history, and even educational verification when authorized and legally permissible.

What Does a Background Check Show in Massachusetts?

Background checks vary from state to state, and not all checks are made equal. Some information may be easy to come by, while other, more private information, may require a specific request to reveal.

 It is very important for employers and HR teams to understand that these checks are intended to be used in a job-related and legally compliant manner. Conducting these searches should make sense as a part of your business and must only be used for hiring purposes.

 Depending on the type of check you choose to conduct, here are some of the more common things that may appear when reviewing the results of a standard check.

 ●    Employment Eligibility - An employment eligibility verification is used to confirm whether a candidate is legally authorized to work in the United States. Criminal history information, when obtained, must be evaluated in accordance with Massachusetts law and applicable federal requirements should not be used as an automatic basis for employment denial.

●    Criminal Offenses - Certain misdemeanor and felony convictions, active deferral and pending court case information may be reported through a background check in the state of Massachusetts. These offenses are typically reported through the Massachusetts CORI (Criminal Offender Record Information). Offenses, such as arrests not resulting in conviction, are not generally included in employer CORI reports because they should not be considered an influential factor in the hiring decision. Court case information will indicate whether the defendant is currently on active probation or parole and will include any incarceration history, if such information is made available by the court.

●    Driving Records - If included within the scope of the background report, a Motor Vehicle Report (MVR) searches the state of Massachusetts  Department of Motor Vehicles (DMV) to verify the status of the provided driver’s license information and identify any driving-related violations or reported accidents. The report outlines the type of license held by the candidate, along with any endorsements. The scope of results returned covers 3 years of driving history. 

●    Social Security Number Trace - The Social Security Trace (SSN Trace) verifies a candidate’s Social Security Number, legal name, aliases and past addresses. SSN traces rely on non-confidential credit header information collected when a social security number is used for credit purposes. This information helps guide county-level criminal record searches when included. It is not a credit check – no credit scores are used, and no inquiry is made on the candidate’s credit report. 

●   Sex Offender Registry - This is another aspect of the background check process that may be limited to employers operating within licensed and regulated fields. While a candidate's sex offender registry status is a matter of public record, access to more detailed information is typically restricted to certain professions and specialized roles.

●    Education Verification - Confirmation of a candidate’s academic credentials helps employers to ensure qualifications are accurate and legitimate.  This verification validates key details such as degree(s) earned, dates of attendance and  fields of study, reducing the risk of credential misrepresentation.  By verifying education history, organizations gain greater confidence in hiring decisions while protecting their workforce, reputation and compliance standards.

How Far Back Does a Massachusetts Background Check Go?

How far back a Massachusetts background check may go depends on the type of record, the employer’s level of CORI access, and the purpose of the screening. Certain criminal records may be subject to reporting limitations under Massachusetts law and applicable federal requirements. 

Ultimately, how far back a check can go depends on who is conducting the check and for what purpose.

How Long Does a Massachusetts Background Check Take?

The turnaround time for most background checks across the United States is pretty quick, especially with expedited service providers. With advancing technology, it has become easier and faster to quickly sort through large databases to produce a comprehensive report on a potential candidate.

For basic background checks, you may receive the finalized report within three business days. These results are processed quickly to keep the hiring process moving for all parties involved and should not delay it for an extended period of time.

Other, more in-depth searches that may involve fingerprinting will likely take longer to process, as they are conducted at the national level and must also account for FBI databases.

It is important to note that each candidate is allowed to dispute the information gathered in a background check if it does not align with what they believe to be true. These disputes are fully legal, but can add time to the process.

Massachusetts Background Check Laws & Legislation

As we briefly touched on above, each state typically has unique laws and regulations regarding background checks to protect individuals’ personal information and employment opportunities. Here are a few of the more notable laws and legislation that you should be aware of as an employer or recruiter.

Ban the Box

To better protect individuals with criminal records, the state of Massachusetts enacted “Ban the Box” legislation. This legislation prohibits employers from asking about a candidate’s criminal history on initial employment applications. Its purpose is to reduce barriers to employment for individuals with a criminal history and ensure candidates are evaluated first on their qualifications. 

As an employer, you are not permitted to specifically ask a candidate to provide their CORI records, though this information may be made available on certain, more in-depth background checks. To conduct one of these background checks, you must receive written consent from the individual you want to conduct the check on. Written consent ensures that the candidate is fully aware that the check will be conducted and that you are operating under best practice.

It is, however, acceptable for employers to ask candidates to provide additional information in later phases of the hiring process. The “Ban the Box” legislation is intended to allow more protection for candidates with a criminal history to get past the first phase of the hiring process without being deemed a disqualified candidate.

Criminal Offender Record Information (CORI) Act

Another act established to protect candidates with criminal histories is the CORI Act. Similar to the “Ban the Box” legislation, this act was created to reform general access to criminal records to ensure they are being used for a specified purpose during the employment process.

The Massachusetts Criminal Offender Record Information (CORI) law governs how employers may access and use criminal history information during the hiring process. Before requesting a CORI report, employers must obtain the applicant’s written authorization. If an employer intends to ask a candidate about information in the report or take an employment action based on the CORI results, the candidate must first be provided with a copy of the criminal record and the employer’s required CORI policy disclosures. 

This act was intended to regulate access to criminal history information and ensure it is used fairly and responsibly during the hiring process. The law was designed to limit unnecessary or inappropriate use of criminal records, promote transparency for individuals whose records are reviewed, and help ensure that employment decisions are based on relevant, job-related information rather than blanket exclusions. By establishing clear rules around access, consent, and disclosure, the CORI Act supports more consistent and equitable hiring practices.

Criminal Screening Requirements for Specialized Professions

Certain professions have added protections during the hiring process to ensure candidates are legally qualified for the work they will be doing. Specialized professions include early education, day care, residential care facilities, and any other facilities where the residents live with disabilities or are vulnerable.

More in-depth background checks are required for these jobs, including fingerprint searches at the state and national levels to uncover any disqualifying offenses specific to the job the candidate is applying for.

These checks may also be completed on other members in the household to ensure a full glimpse into the individual's background. If you are an employer in a specialized field, be sure to do your research on the types of background checks that can best suit your needs.