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June 28 2018

Ban-the-Box Updates for Criminal Record Inquiries in Massachusetts and San Francisco

Massachusetts enacted the Criminal Offender Record Information (CORI) Reform Act that includes a "Ban the Box" component.
Recently, Gov. Charlie Baker signed amendments that place further restrictions on employers that inquire about prior criminal records.
Taking effect Oct. 13, 2018, the important changes include: a provision that an employer shall not inquire into convictions for misdemeanors where the date of the conviction occurred three or more years from the date of application, unless there was an intervening conviction; the prohibition of an employer from asking an applicant about "a criminal record, or anything related to a criminal record, that has been sealed or expunged"; and a required application statement for those employers who seek "information concerning prior arrests or conviction of the applicant".
An amendment to San Francisco's "Ban the Box" law also further restricts employees from considering criminal record information.