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Conviction records/hiring - Massachusetts

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  • Conviction records/hiring - Massachusetts

    According to MA general laws, An employer may not inquire into: (1) a first conviction for certain misdemeanors, or (2) any conviction of a misdemeanor where the date of the conviction or completion of incarceration, whichever is later, occurred 5 or more years preceding the date of application or request for information.

    My question is - if I have a job candidate who was convicted on a Misdemeanor just over 5 years ago, served 10 days in jail and then was on probation for an additional year beyond that...does probation count as "incarceration" - or, can I only count the 10 days in which he was phycially in jail towards the 5 year time frame?

    I want to hire this person...but my boss is struggling with it, so I want to make sure I have my facts straight.


  • #2
    If you want to hire him, hire him. The law gives provisions under which you are permitted to refuse to hire him; it does not prohibit you from hiring him.

    Probation is not incarceration.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Thank you for your reply.


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