Can My Employer Ask About My Criminal Record?

Can My Employer Ask About My Criminal Record?

Criminal Record Discrimination in the Workplace

Employers in Massachusetts are prohibited from asking about certain criminal record information, including arrests without convictions, sealed court records, or misdemeanors older than three years (if no new offenses occurred).

What Employers Can and Cannot Do:

  • Cannot ask about juvenile records, sealed cases, or minor offenses.
  • Can ask about felony convictions or recent misdemeanor convictions (within three years).

Employers must comply with these rules and cannot penalize applicants for refusing to answer illegal questions. For more detailed guidance, consult the Criminal Offender Record Information (CORI) laws.

If you have questions about discrimination in the workplace, call our offices at 413-732-8356.