Massachusetts modifies 'ban the box' laws

A provision in the Massachusetts criminal justice reform law that amends the state’s restrictions on the questions employers may ask a job applicant regarding the applicant’s criminal history during the hiring process has taken effect.

The new restrictions, in effect as of October 13, 2018, include an adjusted limitation on asking about misdemeanor convictions and a bar on asking about sealed or expunged criminal records. Fundamentally:

• First, the law adjusts the timeframes related to when an employer may seek information on a misdemeanor conviction. The new law states that employers may not ask for information about misdemeanor convictions (or incarcerations resulting therefrom) that occurred three or more years prior to the date of the employment application, unless the person has been convicted of any offense within the preceding three years. This has been reduced from the preceding five-year period.
• Second, the law prohibits employers from asking applicants for information about a criminal record that has been sealed or expunged.

In 2010, Massachusetts became one of the first states to pass so-called ‘ban the box’ legislation, which barred employers from asking prospective employees about their criminal histories on their initial employment applications.

Now, Massachusetts employers that ask questions regarding criminal history after the initial written employment application in their hiring practices should have adjusted how they implement these questions, to align with the revised legislation.