Can a MA employer deny employment for misdemeanors from 7 years ago?

ATTORNEY ANSWER:

Generally, an employer may not request information from a job applicant concerning any misdemeanor convictions older than five years.  That does not mean that the prospective employer may not acquire the information from another source.  Some employers, such as criminal justice agencies, armed forces, and many social services agencies or providers are authorized to obtain criminal record information about a job applicant.  Once it has legitimately acquired the information concerning the conviction, the prospective employer may rely upon it to deny employment, if it bears on your qualifications for the job.

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