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There are two types of criminal record checks in Massachusetts: a name-based criminal record check and a fingerprint-supported criminal record check. A name-based criminal record check (CORI) returns information on available Massachusetts arraignments.
The applicant must provide written consent for the background check. If the pre-employment check is compulsory for hiring, the business must state it clearly in their written policies. The employee has the right to be notified about checks being conducted about their reputation, lifestyle, history, or character.
Is my employer allowed to conduct criminal background check on me as part of the hiring process? Yes, but employers must obtain your written permission before accessing your CORI records through the state system.
The Massachusetts Pay Equity Act prohibits employers from screening applicants based on their salary histories. This includes a prohibition on requesting information from applicants about their salary history or prior wages. Massachusetts also has a ban-the-box law found in M.G.L. ch.
There is no federal law that requires all employers to run background checks on all new hires. There are no state, county, or city laws that implement this kind of requirement, either. Instead, background check requirements are decided more on an industry-by-industry basis.
You must always obtain written consent before doing any kind of criminal background check on a prospective employee. It is illegal to single out a particular candidate for a background check, so it is always best to perform a background check only after a job offer has been presented.
The best time to run a background check during the hiring process is after a conditional job offer has been shared with a candidate, but before their employment is finalized. Some employers like to run checks on all applicants that go through the interview process.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.