Conduct a Massachusetts Background Check

It has now become imperative to conduct a background check while recruiting new employees. This is true for states across the U.S., including the state of Massachusetts. Recruiting a person without knowing anything about his/her past activities can prove to be an extremely bad decision.

You also compromise security when hiring a new employee without conducting a background check first. It is no longer mandatory to resort to lengthy processes of checking through the past records of a prospective employee; you can find the information on the Internet easily enough.

With more and more employers realizing the importance of conducting a Massachusetts background check, the means of obtaining relevant documents as well as information has increased with literally thousands of databases containing adequate information required to screen a candidate successfully.

The laws do not ignore the need for privacy or the rights of the general public. As a result there are new laws in place which ensure that the right of an individual is not violated while performing a Massachusetts background check. The onus of uncovering the facts in a way that is compliant with the laws of Massachusetts is thus placed on the shoulders of the prospective employer.

Apart from the employer, certain government agencies may require a search through the various records of an individual as well. This becomes mandatory while issuing licenses or permits. Personal records are also required in order to obtain a VISA or for immigration status. The law has become harsher in the current context, especially post 9/11. International adoption is yet another aspect which entails the necessity of a background check.

Background Check Laws

The courts, various regulatory agencies as well as certain legislatures, address the need for conducting valid background checks by considering the rights of the employee along with the privacy of individuals and workplace safety. The federal as well as the state laws prohibit the employees from discriminating against an individual on the basis of the personal information retrieved via a Massachusetts background check. The sex, country of origin or disability of an applicant or employee cannot be the basis for discriminatory action by any employer conducting his business in the state of Massachusetts.

The Massachusetts Commission against Discrimination does not permit any employer to inquire about any of the protected class statuses of an individual, nor is the informaton divulged as part of the pre-employment background check.

The Fair Credit Reporting Act is the most important federal law that controls the information given out during a Massachusetts background check.  The accuracy of the information is also strictly monitored by the FCRA and the employers are expected to follow certain procedures while conducting a background check. A consumer reporting agency is required to prepare the final report in order to be compliant with the FCRA regulations.

The employers are also required to obtain the consent of the individual in question and must have the authorization before proceeding with the background check. Several additional disclosure measures need to be taken by the employers if they seek to obtain a report containing the details of the character or reputation of the concerned individual. The FCRA also stipulates that the employer inform the employee before taking any action against him/her.

Criminal History and Background Check

The criminal history systems board is the authority responsible for giving access to the Criminal Offender Record Information, known as CORI. The database of the CORI (http://www.mass.gov/eopss/crime-prev-personal-sfty/bkgd-check/cori/) contains all records pertaining to the criminal history of an offender, including the nature of the offense, the conviction, trial process, incarceration as well as any other punitive actions taken along with the rehabilitation and eventual release of the individual.

An individual needs to be certified by the board of criminal history systems in order to gain access to CORI. Most organizations and groups who employ personnel to work with children or as security guards are permitted access to the criminal history records as a safety measure.

Records of persons handling drugs and other toxic substances in the course of their work are also allowed to be accessed by their employers. Apart from specific groups and business enterprises, any resident of Massachusetts can request the record of a convicted individual who has spent at least five years in jail.

The requests can be made by submitting the specified form at 200 Arlington Street, Suite 2200, Chelsea, MA- 02150. Inquiries are also received by e-mails on CORI.info@state.ma.us.