Candidate Screening – Can’t Ask about Criminal Record with Changes to Massachusetts Laws

According to David Cullen of Intelligence Security International (ISI): Beginning November 4, 2010, most employers will be prohibited from asking on an "initial" application about an applicant's criminal offender record. Some of this refers to "Ban the Box", which is another term that has been floating out there for several months. This could be a significant change to your organization, so please look into M.G.L. c. 149, 52C to ensure your team is aware of what the changes entail.

There will be other CORI changes which don't take effect until 2012. Below are a few of the changes for 2012:

Felony convictions will be sealed after 10 years vs. 15

Misdemeanor convictions will be sealed after 5 years vs. 10

Applicant/employee's right to CORI Report

Employee/applicant access

Employer protection from liability

Record retention

Having a written policy

We are also dealing with the implementation of the Mass Data Security Law, 201 CMR 17. This has wide reaching impacts to small and medium size businesses. If you are unclear about what you are required to have in place, ISI may be able to help as we have been providing training sessions on this topic.

For further information, contact David Cullen at Dave@intelligencesecurityint.com