Working With A Record
G.L. c. 151B, § 4 — what an employer may not ask about arrests, some first misdemeanors, old misdemeanors and sealed records
- An arrest, detention or disposition in which no conviction resulted.
- A first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray or disturbance of the peace.
- A misdemeanor conviction where the conviction or release from incarceration was 3 or more years before, unless there was another conviction in the 3 years before the application.
- A criminal record that has been sealed or expunged.
Those are the matters an employer may not ask about, keep a record of, or hold against a person who does not answer.
Not perjury. No person is guilty of perjury or of giving a false statement for not reciting information the subsection gives a right to withhold.
Federal rules on background check reports, and the jobs where a law requires a check, are set out elsewhere and are not on this page. Whether a particular employer followed the law is a question for the state's civil rights or labor agency, or a licensed Massachusetts attorney.
Sources for this section (1)
- G.L. c. 151B, § 4 — Unlawful discriminatory practices
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.