Massachusetts Background Check Laws

Get a Background Check

What Information Does a Background Check Include?

A background check may include the following: confirmation that the Social Security number you provided matches your name, confirmation of your most recent home addresses, a multi-state criminal history check, a credit check and a driving record check. Usually companies hiring senior caregivers only conduct a social security name match and a multi-state criminal background check. Credit checks and driving record checks are only conducted if the employee will be handling money and driving.

How many years back will a Background Check go?

The Fair Credit Reporting Act (FCRA) which governs background checks nationally only allows for a review of the past 7 years. However, individual states may pass laws which require more disclosures. Many states do have different background check requirements when employees will be working with children or seniors. This is why you need to review your individual state law to know what will be included in your background check.

Can I purchase my own Background Check?

Yes, Caregiverlist offers you the ability to purchase your own background check from the leading provider in the industry.

Purchase Your Own Background Check for $8 or $18

Massachusetts State Law

Abide by the Federal Trade Commission’s Fair Credit Reporting Act (FCRA), 15 U. S. C. § 1661 et seq. and the following state rulings:

M.G.L. Chapter 93, Section 52 – Information not to be contained in report; exceptions

Except as authorized under subsection (b) no consumer reporting agency shall make any consumer report containing any of the following items of information: (5) Records of arrest, indictment, or conviction of crime which, from date of disposition, release, or parole, antedate the report by more than seven years. Exception: If the salary of an individual equals or is reasonable expected to equal $20,000 or more, the 7-year restriction does not apply.

M.G.L. Chapter 151, Section 4 (9) – Unlawful practices

It shall be unlawful practice: (9) For an employer, himself or through his agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request any information, to make or keep a record of such information, to use any form of application or application blank which requests such information, or to exclude, limit or otherwise discriminate against any person by reason of his or her failure to furnish such information through a written application or oral inquiry or otherwise regarding: (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted, or (ii) and arrest, first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violation, affray, or disturbance of the peace, or (iii) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting there from, whichever date is later, occurred five of more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years immediately preceding the date of such application for employment or such request for information.