Effective Oct. 13, 2018, any such form must contain the following statement (in addition to other required statements regarding not disclosing offenses as a minor and sealed records):
"An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer 'no record' with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a record expunged pursuant to section 100F, section 100G, section 100H or section 100K of chapter 276 of the General Laws may answer 'no record' to an inquiry herein relative to prior arrests, criminal court appearances, juvenile court appearances, adjudications or convictions."
Additionally, the new limitations reduce the permissible period for employers to ask applicants about misdemeanor convictions from five years to three years. Employers will not be able to ask about misdemeanor convictions that are older than three years unless there is a subsequent offense within the three-year period.
Employers would be well-advised to review their hiring forms to confirm that they are in compliance with these new requirements and ensure that individuals involved in the hiring process understand the commonwealth's new limitations on criminal history inquiries.
Posted: December 11, 2018