Can employers ask job applicants about criminal convictions?

In Massachusetts, employers are allowed to ask job applicants about their criminal convictions. However, the employer must comply with certain state and federal laws to ensure that their inquiries are effective and non-discriminatory. Under Massachusetts state law, employers are not allowed to ask questions about convictions of a minor or for offenses that occurred more than five years ago. Further, employers must provide job applicants with a document that includes a statement that the employer is not asking about any convictions more than five years old, and that the applicant is not required to answer any questions about convictions more than five years old. At the federal level, employers cannot ask job applicants about sealed or expunged convictions. Further, employers may not inquire about arrests that did not result in convictions. Finally, employers must take into account any mitigating circumstances the applicant may have had when considering the relevance of criminal convictions. In general, employers should review their recruitment process and screen job applicants in a consistent and non-discriminatory manner. This is important so that the employer can both ensure compliance with the law and make sure that the job applicants are being treated fairly.

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Can employers ask job applicants about criminal convictions?

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