Massachusetts Background Check Laws (2026 Guide)

Massachusetts has some of the strongest background check protections in the country. The state regulates who can access criminal records, what information can appear on a background check, and how employers, landlords, and licensing boards may use that information in their decisions.

This guide covers everything you need to know about Massachusetts background check laws, including the CORI system, Ban the Box protections, lookback periods, record sealing, and your rights as a job applicant, tenant, or license holder.

The CORI System: How Massachusetts Background Checks Work

Massachusetts criminal background checks run through the Criminal Offender Record Information (CORI) system, managed by the Department of Criminal Justice Information Services (DCJIS). CORI records contain arraignment and disposition data from Massachusetts courts.

There are two types of criminal record checks in the state:

• Name-based CORI checks search Massachusetts court records using a person's name and date of birth. These return only Massachusetts records.
• Fingerprint-based checks match against both state and national databases. They return arrest records from Massachusetts and potentially other states.

Most employers use name-based CORI checks. Fingerprint-based checks are required for certain positions, such as workers in early education and care programs, school employees, and certain healthcare workers.

CORI Access Levels

Not every requestor sees the same information. Massachusetts uses a tiered access system that controls what records are disclosed based on who is asking and why.

Standard Access is the level most employers receive. Under standard access, the CORI report includes:

• Murder, manslaughter, and sex offenses with no time limit
• Felony convictions and pending cases within the past 10 years
• Misdemeanor convictions and pending cases within the past 5 years

Open Access is available to the general public and is the most restrictive level. Open access reports show:

• Serious offenses (murder, manslaughter, sex offenses) with no time limit
• Felony convictions within the past 10 years for certain categories
• Other felony convictions within the past 2 years
• Misdemeanor convictions within the past 1 year
• Pending cases

Required Access levels (1 through 4) provide broader information and are reserved for criminal justice agencies, child welfare organizations, and other entities with statutory authorization.

How to Request Your Own CORI

Any individual can check their own CORI through the iCORI online system or by submitting a paper form. The fee is $25, though a fee waiver is available for those who qualify based on financial hardship. Processing takes up to 10 business days, though most results come back sooner. Results remain in your iCORI account for 6 months.

You can also request a CORI self-audit, which shows which organizations have run a background check on you. The first audit every 90 days is free.

Ban the Box: Employment Application Restrictions

Massachusetts was an early adopter of "Ban the Box" legislation. Under M.G.L. c. 151B, s. 4(9), most employers cannot ask about criminal history on an initial job application.

This law took effect in 2010 as part of the broader CORI reform legislation. The goal was to give people with criminal records a fair chance to be evaluated on their qualifications before their criminal history enters the conversation.

What Employers Cannot Ask on Applications

Under the Ban the Box law, the initial written application cannot include questions about:

• Any criminal history whatsoever (for most employers)
• Arrests that did not result in a conviction
• Sealed or expunged records
• Juvenile records

Limited Exceptions

Section 4(9-1/2) creates a narrow exception. Employers may ask about criminal convictions on the initial application only if:

• Federal or state law creates a mandatory or presumptive disqualification based on specific conviction types for that position
• The employer is legally prohibited from hiring people convicted of certain offenses

Examples include positions at childcare facilities, certain financial institutions, and roles that require security clearances.

After the Application Stage

Once a candidate advances past the initial application, employers may ask about:

• Felony convictions
• Misdemeanor convictions from the past 3 years

They still cannot ask about arrests without convictions, sealed records, or the specific categories of first offenses protected under the statute.

What Employers Cannot Consider: Protected Criminal Record Categories

Massachusetts goes beyond Ban the Box. Under M.G.L. c. 151B, s. 4(9), employers are permanently prohibited from requesting information about, keeping records of, or discriminating based on:

• Arrests or detentions that did not result in a conviction. An arrest alone is not evidence of wrongdoing.
• First convictions for certain minor offenses. These include drunkenness, simple assault, speeding, minor traffic violations, affray, and disturbance of the peace.
• Misdemeanor convictions older than 3 years. If 3 or more years have passed since the conviction or the completion of any incarceration, the misdemeanor cannot be considered.
• Sealed or expunged records. These are treated as if they do not exist.
• Juvenile records. Unless the individual was tried as an adult in Superior Court.

Applicants who are asked unlawful questions about these categories may answer "no record" without legal consequences. An employer cannot penalize an applicant for giving an incomplete or inaccurate answer to an illegal question.

CORI Access Rules for Employers

Before running a CORI check, employers must follow specific procedures established under M.G.L. c. 6, s. 171A:

1. Register with DCJIS. Employers must register for an iCORI account and renew annually.
2. Obtain written consent. The applicant or employee must sign a CORI acknowledgment form before any check is conducted.
3. Maintain a CORI policy. Organizations must adopt a written policy consistent with the DCJIS Model CORI Policy.
4. Provide adverse action notice. If an employer plans to take adverse action based on CORI results, they must notify the individual, provide a copy of the CORI report, and give the person an opportunity to dispute inaccurate information before making a final decision.

Employers may never require applicants to provide their own CORI printout or sign a release for arrest records.

How the FCRA Interacts with Massachusetts Law

When employers use third-party consumer reporting agencies (CRAs) instead of the state CORI system, both the federal Fair Credit Reporting Act (FCRA) and Massachusetts state law apply. Where the two conflict, the stricter rule controls.

Key Differences Between Massachusetts Law and the FCRA

Rule	Federal FCRA	Massachusetts Law
Criminal record reporting limit	7 years (for positions under $75,000/year)	7 years for all criminal cases, regardless of salary
Salary threshold exception	Records older than 7 years can be reported for positions paying $75,000+	No salary exception; 7-year limit applies to all positions
Consent requirement	Written authorization required	Written authorization required
Adverse action process	Pre-adverse notice, then final adverse notice	Same federal requirements plus state-specific CORI rules

Massachusetts effectively closes the FCRA's salary loophole. A CRA operating in Massachusetts cannot report criminal case information older than 7 years regardless of the salary of the position being filled.

Employer Obligations Under Both Laws

When using a CRA, Massachusetts employers must:

• Provide a standalone written disclosure that a background check will be conducted
• Obtain written authorization from the applicant
• Follow the two-step adverse action process (pre-adverse action notice with a copy of the report, waiting period, then final adverse action notice)
• Comply with Massachusetts restrictions on what criminal records can be considered

A Massachusetts appellate court has ruled that employers can face FCRA liability for procedural violations even when no actual harm resulted from the violation.

Housing Background Checks

Landlords and housing providers in Massachusetts may conduct criminal background checks on prospective tenants, but the process is regulated.

Rules for Private Landlords

• Landlords must obtain written consent before running a CORI check
• Landlords cannot require applicants to provide their own CORI
• Automatic rejection of all applicants with criminal records is not permitted
• An individualized assessment is required, considering the nature of the offense, time elapsed since the conviction, and evidence of rehabilitation

Rules for Public and Subsidized Housing

Public housing authorities have additional access to criminal records and may request court docket sheets. Federal law creates permanent bars for certain offenses in federally assisted housing:

• Convictions for methamphetamine manufacture on federally assisted housing premises
• Sex offenses requiring lifetime registration on the sex offender registry

For state-funded housing, individuals with these convictions may still apply but must demonstrate why they should be admitted despite their record.

Anti-Discrimination Enforcement

The Massachusetts Attorney General has actively enforced fair housing laws in the background check context. In notable enforcement actions, the AG's office targeted companies selling tenant screening software that offered features to automatically disqualify applicants based on criminal history or receipt of public assistance. The AG found that such automated screening tools can disproportionately impact Black, Latino, low-income, and other protected groups.

Under Massachusetts law, using criminal records as a blanket disqualifier in housing decisions can constitute unlawful discrimination.

Professional Licensing Background Checks

Massachusetts licensing boards conduct CORI checks on applicants for professional and occupational licenses under M.G.L. c. 6, s. 172.

How Licensing Checks Work

• The Division of Occupational Licensure submits CORI checks to DCJIS on behalf of licensing boards
• Applicants must sign a CORI authorization form, valid for one year
• Results may take up to 10 business days

2018 Reform Requirements

The Criminal Justice Reform Act of 2018 (Chapter 69 of the Acts of 2018) added new requirements for licensing boards:

• Boards must publish a list of specific criminal convictions that are directly related to the duties and responsibilities of the licensed occupation
• Only convictions on that published list can serve as grounds for denial
• Boards cannot use a criminal record as a blanket disqualification without establishing a direct connection to the licensed profession

This reform ensures that a decades-old conviction unrelated to the profession in question cannot automatically block someone from earning a license.

Record Sealing in Massachusetts

Massachusetts offers both petition-based sealing and automatic sealing for certain record types under M.G.L. c. 276, ss. 100A and 100C.

Petition-Based Sealing (Section 100A)

Individuals may petition the Commissioner of Probation to seal their records after the following waiting periods:

Record Type	Waiting Period	Additional Requirements
Misdemeanor conviction	3 years after conviction or release from incarceration (whichever is later)	No new convictions during the 3-year period (except motor vehicle offenses with fines under $50)
Felony conviction	7 years after conviction or release from incarceration (whichever is later)	No new convictions during the 7-year period (except motor vehicle offenses with fines under $50)

Records That Cannot Be Sealed

Certain offenses are excluded from sealing eligibility:

• Most firearms offenses (M.G.L. c. 140, ss. 121-131H)
• Corruption and perjury offenses (M.G.L. c. 268 and c. 268A), except resisting arrest
• Sex offenses carry a minimum 15-year waiting period
• Sex offenders classified as Level 2 or Level 3 can never seal those records

Automatic Sealing (Section 100C)

Massachusetts provides automatic sealing for records with favorable outcomes:

• Not guilty verdicts are automatically sealed
• No bill returns from a grand jury are automatically sealed
• No probable cause findings are automatically sealed
• Dismissals and nolle prosequi entries may be sealed at the court's discretion if "substantial justice would best be served"

Records for offenses that are no longer crimes under current law are eligible for immediate sealing.

Effect of Sealed Records

Once sealed, records cannot be used in employment, housing, or professional licensing decisions. A person with a sealed record may legally answer "no record" on any application that asks about prior arrests, criminal court appearances, or convictions.

Sealed records remain accessible to law enforcement, probation officers, and courts if the individual is subsequently convicted of a new offense.

Expungement in Massachusetts

Expungement is a stronger remedy than sealing. When a record is expunged under M.G.L. c. 276, s. 100K, it is permanently destroyed and no longer accessible by any court or government agency.

Time-Based Expungement

To qualify for time-based expungement:

• You may have no more than 2 records total (multiple charges from a single incident count as one)
• The offense did not result in death or serious bodily injury
• The offense was not committed while armed with a dangerous weapon
• The offense was not committed against an elderly or disabled person
• Misdemeanor: 3 years must have passed since completion of the sentence
• Felony: 7 years must have passed since completion of the sentence

Non-Time-Based Expungement

A court may order expungement at any time if:

• The record resulted from false identification or identity theft
• The offense is no longer a crime under current law

The expungement process is free and begins with filing a Petition to Expunge form. The District Attorney's office is notified and may respond.

The Clean Slate Movement in Massachusetts

As of early 2026, Massachusetts has not enacted a Clean Slate law providing for automatic sealing of eligible criminal records. However, the push for this legislation has been active and growing.

Current Status

Clean Slate bills have been introduced in multiple legislative sessions (2019, 2021, 2023, and the current session). Sponsored by State Senator Cindy Friedman and Representative Mary Keefe, the proposed legislation would require the Commissioner of Probation to automatically seal criminal and juvenile records once the existing waiting periods have passed, without requiring individuals to file a petition.

Advocates estimate that automatic sealing could benefit more than 600,000 people in Massachusetts. At least 12 other states have enacted automated sealing laws since 2018.

The bills have not yet passed the legislature, though they continue to gain bipartisan support.

Marijuana Pardon Program

In March 2024, Governor Maura Healey announced a sweeping pardon for all adult state court misdemeanor convictions for marijuana possession entered before March 13, 2024.

Key details of the pardon:

• The pardon is automatic. Individuals do not need to apply for their records to be updated.
• State agencies began automatically updating eligible records.
• A Marijuana Pardon Certificate is available for those who want official documentation.
• The pardon could affect hundreds of thousands of Massachusetts residents.

This was described as one of the most comprehensive state-level marijuana pardon actions in the country, following President Biden's call for governors to take similar steps.

Recent Changes and Developments

Massachusetts background check law continues to evolve. Key recent developments include:

• 2024: Marijuana Pardons. Governor Healey's blanket pardon of marijuana possession misdemeanor convictions, with automatic record updates.
• 2025: Eviction Record Sealing. A new law effective May 5, 2025 allows tenants to seal eviction records, adding another layer of screening protection.
• 2025: Emergency Housing CORI Checks. New legislation requires CORI checks for applicants to the Emergency Assistance family shelter program, with bars for certain serious violent offenses.
• Ongoing: Clean Slate Legislation. Bills proposing automatic sealing of eligible records continue to move through the legislature.
• AG Enforcement Actions. The Attorney General's office has continued to investigate and cite employers for Ban the Box violations and has targeted discriminatory tenant screening software.

Filing a Complaint

If you believe your rights under Massachusetts background check laws have been violated, you can file a complaint with:

• Massachusetts Commission Against Discrimination (MCAD): Handles employment and housing discrimination complaints related to criminal records. Boston: (617) 994-6000. Springfield: (413) 739-2145. Worcester: (508) 453-9630.
• Attorney General's Civil Rights Division: Investigates employer violations of CORI law. Phone: (617) 963-2917.
• DCJIS: For issues related to CORI accuracy or unauthorized access.