Legal Question in Employment Law in Massachusetts
my question is about third party employer background checks specifically in MASSACHUSETTS.
I have two arrests but no convictions. will the arrests show up on the check and can this information be given to employers? If anyone who answers knows where i can find this information (mass laws on arrests and 3rd party background checks) and/or the section in mass general law, I would greatly appreciate it.
1 Answer from Attorneys
Depends on the type of check being done. If it is a true "CORI" check, that process is administered by the Criminal History Systems Board - a state agency. Certain employers by statute can run checks with the CHSB, others need to apply to run checks. In general terms arrests where charges are not currently pending will not be part of most employer checks - however outcomes besides "convictions" can appear, for example a continuation without a finding.
You can request your own CORI from the CHSB and see what appears on it. Google the CHSB for more information including the Mass regulations and statutes as well as general information.
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