How to Run a Background Check in Massachusetts

Michelle Wilson - September 15, 2023

A 2020 CNBC News report revealed that nearly 78% of job-seeking Americans provided false information during the application process. Therefore, the slightly unsettling truth is that when someone applies for a position, you can only be partially certain that what they are telling you is true.

Fortunately, if you are an employer or volunteer recruiter in Massachusetts, you can greatly increase your chances of success with a background check. To run a background check in Massachusetts, you can make a request to the Department of Criminal Justice for a fingerprint-based or name-based check, which will reveal criminal activity within the state.

Why Run a Business in Massachusetts

If you are only considering Massachusetts for your location of business, consider some benefits unique to the state. Forbes Magazine has highlighted Massachusetts as a prime location for launching or participating in business ventures in 2023. For those unfamiliar with the state, Massachusetts is the home to some of the best universities in America, such as MIT. With talents graduating close by, businesses can take advantage of the brightest minds to help them succeed since a good portion of a business’s achievement comes down to its strong workforce.  As a result, according to the Boston Journal’s public data, there are almost 600,000 small businesses currently operating in the state.

While the talent in the state provides a strong foundation for building your business, it is still up to the hiring party to conduct the necessary checks to ensure their workforce is up to par.

Massachusetts Background Check, Definition

An employee background check exists with the primary objective to verify the information a candidate has supplied to the company they want to work at. Although the background check may consist of a few parts, some of the basic details a company will check are your educational background, employment history, and identity confirmation. These checks can unveil substantial information, providing insights into how an employer or volunteer coordinator evaluates candidates for granting or denying positions.

Employers may sometimes extend their background check to explore potential factors that could impact your job performance. This broader examination falls into “personal information” and encompasses aspects like your credit and financial status, driving record, criminal history, and involvement in civil litigation (either as a plaintiff or defendant). Companies will typically conduct more extensive background checks to help them get a more comprehensive understanding of the candidate in question.

When A Background Check Might Occur in Massachusetts

Employer background checks are often one of the first areas that come to mind when the topic comes up; however, it isn’t the only situation where you might encounter it. In the state of Massachusetts, background checks are also mandatory for all firearm purchases at any point of sale. But, even if you aren’t interested in purchasing firearms, authorities might run a background check on you if you are applying for government-subsidized housing within the state.

Fortunately, you don’t have to remember these examples, since anyone conducting a background check on you must first ask for your written permission and social security number so they can access personal details like your criminal history report and driving record.

Official vs. Not Official Checks

As part of the background on background checks, it is worth noting you may find yourself completing an official or not official version. On one hand, official background checks are a critical tool for law enforcement to assess candidates’ suitability for specific roles. The Massachusetts Department for Criminal Justice Information Services administers each of these tests either in a search type determined by use, such as employment, a loan application, or a rental agreement, ensuring the safety and integrity of these transactions.

Conversely, unofficial background checks, while not valid for official purposes, offer valuable background information about individuals like friends, relatives, neighbors, co-workers, and even potential romantic interests or adversaries. These unofficial checks involve accessing public records, and individuals conducting them must understand which agencies maintain the records and the relevant laws governing access to ensure the retrieval of accurate and relevant information for personal or private use.

Name-Based vs. Fingerprint-Based

The next difference will be if you are searching based on names or fingerprints.

A name-based criminal record check focuses on available Massachusetts arraignments. It involves providing the individual’s name and birthday for the search. This information is then cross-referenced with Massachusetts court records to identify potential records associated with the individual. It’s important to note that this type of criminal record check exclusively encompasses Massachusetts-related information. The second type of check is fingerprint-supported, which provides information on arrests in Massachusetts and possibly other states. This comprehensive check compares the individual’s fingerprints with those collected by Massachusetts and other states’ law enforcement agencies. This approach allows for a broader search, potentially revealing criminal history information beyond Massachusetts borders.

Information Returned In A Name-Based Check

A name-based criminal record check encompasses all adult and youthful offender convictions, non-convictions, pending cases, and civil and non-incarcerable offenses. Furthermore, it ensures that civil and non-incarcerable offenses are presented separately in the CORI report, each in its dedicated section.

Information Returned In A Fingerprint-Based Check

The comprehensive background check includes the following components: all adult arrests, irrespective of arraignment status, in both Massachusetts and out-of-state locations; all Massachusetts adult convictions, non-convictions, and pending offenses; all out-of-state adult convictions, non-convictions, and pending offenses; and all federal and international arrests and charges, encompassing proceedings like deportation and immigration matters.

Steps to Run a Background Check in Massachusetts

Massachusetts processes every background check request through the official state database. Otherwise, employers or anyone using third-party background checks may face discrimination lawsuits at the state level. Therefore, while you can conduct a background check in a few ways, you will likely want to do so through the state directly.

Outline the Screening Process

If the background check is a step in the employee hiring process, it’s essential to transparently explain to the candidate that running a background check is a mandatory part of the process. Although the details of what information you will include in the background check on the consent form, you will also want to review it with the applicant so there is no backlash later.

The second benefit of this step is that outlining the process allows the candidate to encourage the applicant’s open communication. Ask if there’s anything within their background that they’d like to proactively disclose. This proactive sharing helps to ensure fairness and transparency throughout the screening process.

Obtaining Consent from the Applicant

The next step in the process will be to obtain explicit consent from the applicant. Although this consent may be a check box on a website, experts will typically recommend you perform this step in writing and separate from the job application. Ensure that the consent form includes a clear explanation of the type of background check you intend to perform, the purpose of the check, and the applicant’s rights under Massachusetts and federal laws. Failure to obtain proper written consent can lead to legal complications, far worse than not conducting a background check at all.

Choosing a Background Check Provider

Next, you must decide between choosing a background check provider or submitting their request through the Department of Criminal Justice Information Services. Research and compare different providers to find one that aligns with your needs and budget. Look for a provider with experience in Massachusetts background checks, knowledge of state and federal regulations, and a reputation for accuracy and compliance. Verify that the provider offers the specific background checks you require, such as criminal history, credit checks, or employment verification.

Collecting the Information

To actually conduct the background check, you will need to provide the necessary information about the applicant to the provider, including their full name, birthday, and social security number. The background check provider will then use this information to access relevant databases and records. In Massachusetts, this may include searching for criminal records at the state level, verifying employment and education history, and checking for any other requested information.

Evaluating the Results

Upon receiving the report, it will be up to you to decipher the findings. Remember, while the purpose of the background check was to look for red flags or, in the case of a job, discrepancies that may be relevant to the position, you also want to consider the full background of the situation before making a decision.

Moreover, if you discover adverse information, Massachusetts law requires you to follow specific procedures, including notifying the applicant and allowing them an opportunity to respond. Be sure to follow these legal requirements and consider the nature and relevance of the findings when making your hiring decisions.

Consult Legal Experts When Needed in Massachusetts

When you opt not to proceed with an employment offer due to information uncovered in the background check, it is imperative to adhere to proper protocols by providing the applicant with a formal notice of adverse action. Precision and factual basis are paramount in this process. To ensure that you navigate this correctly, it is advisable to seek counsel from a legal professional who can guide you through the necessary steps.

Typically, this entails the creation of a letter that briefly and objectively outlines the reasons behind the adverse action. Legal counsel can help ensure that the communication is accurate, legally compliant, and effectively conveys the rationale for the decision to the applicant.

How to Find Other Important Documents As Part of a Background Check

Since there is a limit on how many background checks someone can conduct, you might consider looking at some of the documents and records readily available to the public. Here are a few to start with.

Court Records

Court records are valuable sources of crucial information, and many are publicly accessible. A visit to the relevant court is often necessary to obtain a comprehensive overview of a case, but numerous courts offer convenient online access to these records. Online access is available in Massachusetts for Supreme Court, Trial Courts, and Appeals Courts records. These records encompass various case types, including civil, criminal, family, and property cases.

Criminal, Arrest, and Police Records

Another avenue to explore is criminal history background information, which you can request from the Department of Criminal Justice Information. This resource enables individuals to obtain valuable information that can provide a more comprehensive understanding of an applicant’s background. Additionally, arrest records can shed light on specific incidents, which you can get more information from the arresting police agency. It’s important to note that while arrest records are generally considered public, they may have limitations or incomplete details.

How Long Does It Take To Get Your Results Back From a Background Check?

The time it takes to receive your results for an employment background check in the state of Massachusetts can vary, depending on factors, including the type of reports requested and the entity conducting the screening. For instance, when employers decide to conduct a Massachusetts criminal background check on their own, CORI results may take up to ten days to be processed, and even after that period, this type of search may not provide a comprehensive criminal record.

Employers often collaborate with a reputable Consumer Reporting Agency (CRA) for background screenings to expedite the process and obtain more comprehensive results. Although Massachusetts regulations impose certain restrictions on the use of CORI by CRAs, certain ones have access to regularly updated databases and public records and the ability to access courthouses nationwide, all of which contribute to quicker turnaround times.

Laws About Background Checks

Unlike other states, the government heavily restricts background checks in Massachusetts. Here, employers that want to conduct more than five background checks in the year must register with the state and abide by the federal and state laws below.

Civil Rights Act, Title VII

This Civil Rights Act explicitly bars employers from making employment decisions based on specific attributes. For instance, Title VII prohibits employers from considering factors such as an applicant’s gender, religion, race, color, or political affiliation when making hiring decisions, among other characteristics.

The Fair Credit Reporting Act

The Fair Credit Reporting Act is a federal law that safeguards consumer credit data. This legislation regulates the collection, utilization, and dissemination of consumer information during the pre-employment phase. Additionally, suppose you mandate applicants to undergo a credit check as a prerequisite for employment. In that case, the FCRA also oversees any potential disputes raised by the applicant concerning the information contained in their credit report.

Ban The Box Law

The Massachusetts Ban-the-Box Law, Mass. Gen. Laws Chapter 151B §4 applies to all employers, including public and private sector organizations, during the employment background check process. This law restricts employers from seeking information about arrests, detentions, or dispositions that did not culminate in convictions, initial convictions for specific misdemeanors, misdemeanors over three years old, and sealed or expunged criminal records. Furthermore, the government generally prohibits employers from requiring candidates to disclose their criminal history on initial application forms, with certain exceptions.

Equal Employment Opportunity Commission

The Equal Employment Opportunity Commission (EEOC) is pivotal in upholding the Civil Rights Act Title VII principles. This federal agency has the responsibility of enforcing anti-discrimination laws to ensure that individuals seeking employment and current employees have access to equitable opportunities in Massachusetts and across the United States.

Complying with the laws set forth by the EEOC safeguards against potential severe consequences, including substantial penalties, fines, and the possibility of legal actions. Adhering to EEOC guidelines is crucial for organizations to maintain a fair and inclusive employment environment.

Protecting Your Reputation

Although conducting a background check is a process that takes several steps, it is necessary. By doing so, employers can protect their organization’s reputation and avoid uncomfortable situations that may arise. In other cases, taking a small level of extra precaution helps minimize the chances of criminal activity in your community.