Massachusetts Governor signed senate Bill 2371, a criminal justice reform bill which further restricts the information that an employer can ask an applicant about their criminal history

May 2nd, 2018

On April 13, 2018 Massachusetts Governor Baker signed senate Bill 2371, a criminal justice reform bill which further restricts the information that an employer can ask an applicant about their criminal history. The law will become effective on October 13, 2018. Please see below for a summary of these changes.

  • Employers may not ask for information about misdemeanor convictions that occurred three or more years prior to the date of the employment application, unless the person has been convicted of another offense within the preceding three years (this was previously limited to 5 years).
  • The law restricts employers from asking applicants for information about expunged criminal records.
  • If an employer does seek information about an applicant’s criminal history, they will need to add the following language to the form they are using:
    • “An applicant for employment with a record expunged pursuant to section 100F, section 100G, 2710 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, 2713 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”

The full text of the bill can be found here https://malegislature.gov/Bills/190/S2371

The information contained herein is for informational purposes only. Clients are encouraged to consult with their legal counsel on the impact of this new law. Sterling Talent Solutions is not a law firm, and none of the information contained in this notice is intended as legal advice.

This publication is for informational purposes only and nothing contained in it should be construed as legal advice. We expressly disclaim any warranty or responsibility for damages arising out this information. We encourage you to consult with legal counsel regarding your specific needs. We do not undertake any duty to update previously posted materials.