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There is no federal law that requires all employers to run background checks on all new hires. There are no state, county, or city laws that implement this kind of requirement, either. Instead, background check requirements are decided more on an industry-by-industry basis.
To find it, go to your state's official government website or find the information you need at the National Center for State Courts. Make sure you search every state that the person you're checking has lived in.
A background check usually comes at the end of the hiring process. Employers will typically conduct a background check before they're about to make an offer. They may be conducting a background check on a handful of candidates they're considering making an offer to.
Massachusetts was one of the first states to ban the box when its criminal offender record information law went into effect in 2010. The law prohibits most employers from asking job candidates about their criminal histories on an initial written job application.
When do employers conduct background checks? Employers often perform background checks before extending job offers. A brief period in between a background check and a job offer is common because the results of a background check can result in an employer choosing to hire a different applicant.
There are two types of criminal record checks in Massachusetts: a name-based criminal record check and a fingerprint-supported criminal record check. A name-based criminal record check (CORI) returns information on available Massachusetts arraignments.
Federal law does not prohibit employers from conducting background checks before an offer of employment is made. State laws, however, may have restrictions. Although in most states a standard background check can be conducted prior to an offer, a small number of states do not allow it.
Can an employer ask me about my criminal history on a job application? Probably not. Under the Ban the Box law, most employers in Massachusetts are not allowed to ask you about your criminal record on a job application.
Background Reports First, the employer must ask for your written permission before getting the report. You don't have to give your permission, but if you're applying for a job and you don't give your permission, the employer may reject your application.
Is my employer allowed to conduct criminal background check on me as part of the hiring process? Yes, but employers must obtain your written permission before accessing your CORI records through the state system.