Massachusetts has enacted criminal justice reform. The new law does four big things:
- Restricts employers from inquiring into misdemeanor convictions (or incarcerations resulting therefrom 3+ years prior to the date of the employment application – unless the person has been convicted of any offense during that 3 year period.
- Prohibits the employers from asking an applicant about sealed or expunged criminal records, or anything related to them.
- Requires a statement (found in our full update!) that explains situations where applicants can indicate that they don’t have a criminal record (for instance, if the record was expunged).
- Addresses and limits the use of off-limits records in negligent hiring claims against employers, reasoning that employers cannot be expected to no about records that have been legally kept from them (again, for instance, if the record was expunged).
The law goes into effect on October 13, 2018.