G.1.24 Criminal Background and Credit History Checks for Massachusetts Employees

Policy No. G.1.24
Human Resources
Initiated by: Director of Human Resources
Approved by: �黨�ǿ���Ƶ Director
Date: October 2018
Distribution: All �黨�ǿ���Ƶ staff

1.0 Policy Statement
�黨�ǿ���Ƶ conducts background checks at its discretion and as required by Massachusetts and federal law. These checks may be conducted for an applicant after a contingent offer of employment is made or for a current employee. The �黨�ǿ���Ƶ may use a third party to conduct either a portion or all of an individual’s background check. The types of information that may be collected include, but are not limited to, criminal background, sex offender, education, driving record, employment history, and credit information.

All background checks will be conducted in compliance with applicable federal and state laws, including the Fair Credit Reporting Act and the Massachusetts Criminal Offender Record Information Law. This policy does not limit the �黨�ǿ���Ƶ’s right to hire, discipline, or terminate candidates and/or employees, nor does it create a contract of employment or alter the �黨�ǿ���Ƶ’s policy of at-will employment.

2.0 Notification of Criminal Background Check
Prior to conducting a criminal background check, the �黨�ǿ���Ƶ will (a) provide a candidate or employee with a written notice advising him/her that a background check may be obtained for employment purposes and (b) obtain the candidate’s or employee’s written authorization to conduct a background check.

Additionally, all candidates and employees for whom the �黨�ǿ���Ƶ seeks to request records directly from the Massachusetts iCORI database and/or the Sex Offender Registry will be required to complete a Criminal Offender Registry Information (“CORI”) Acknowledgment Form and a Sex Offender Registry Information (“SORI”) Acknowledgement Form prior to any criminal background check. Upon receiving a candidate’s completed CORI/SORI Acknowledgment Forms, a candidate is also required to present to the �黨�ǿ���Ƶ a government-issued form of identification (state issued driver’s license, state-issued identification card with a photograph, a passport, or a military identification) matching the candidate’s identity as disclosed on the CORI/SORI Acknowledgment Forms. The �黨�ǿ���Ƶ will verify the individual’s CORI/SORI Acknowledgment Forms prior to requesting the individual’s criminal history record, directly or indirectly, from the DCJIS and the individual’s sex offender information from the Sex Offender Registry Board (the “SORB”). If an individual does not submit complete and accurate authorizations and CORI/SORI Acknowledgment Forms within the time period set forth by the �黨�ǿ���Ƶ, the �黨�ǿ���Ƶ reserves the right to take adverse action, up to and including withdrawing a prospective employee’s contingent offer of employment or terminating an employee’s employment.

3.0 Access to Criminal Background Checks
All CORI obtained, directly or indirectly, from the DCJIS is confidential. The �黨�ǿ���Ƶ limits the access of such information to those individuals with a “need to know.” The �黨�ǿ���Ƶ maintains and keeps a current list of each individual authorized to have access to, or view, any CORI received from the DCJIS. The �黨�ǿ���Ƶ will update this list every six months. Similarly, the �黨�ǿ���Ƶ will keep any SORI obtained confidential to the extent possible.

4.0 Training for Authorized Personnel
All �黨�ǿ���Ƶ personnel authorized to access candidates’ or employees’ criminal background checks have reviewed and are thoroughly familiar with the educational and relevant training materials regarding Massachusetts’ background check laws and regulations provided by the DCJIS.

5.0 Verifying a Subject’s Identity
Upon receiving a candidate’s CORI/SORI, directly or indirectly, from the DCJIS and/or SORB, the �黨�ǿ���Ƶ will compare the candidate’s criminal history record with the candidate’s identifying information provided by the candidate on the CORI/SORI Acknowledgment Forms to ensure the record belongs to the individual.

6.0 The �黨�ǿ���Ƶ’s Review of Criminal Background Checks
After receiving a candidate’s or employee’s CORI/SORI and verifying his/her identity, the �黨�ǿ���Ƶ will make a determination regarding the individual’s suitability to be or remain an employee of the �黨�ǿ���Ƶ. Unless otherwise provided by law, if the background check reveals that a candidate has a criminal record, the �黨�ǿ���Ƶ will consider at least the following factors to determine the candidate’s suitability for employment or continued employment, as applicable:

    (a) relevance of the individual’s record to the position sought or held;
    (b) the nature of the work performed or to be performed;
    (c) time since the individual’s conviction(s);
    (d) age of the individual at the time of the offense(s);
    (e) seriousness and specific circumstances of the offense(s);
    (f) the number of offenses;
    (g) whether the individual has pending charges;
    (h) any relevant evidence of rehabilitation or lack thereof; and
    (i) any other relevant information, including information submitted by the individual or requested by the �黨�ǿ���Ƶ. 

7.0 Questioning of Candidate/Employee Regarding Background Check
If the �黨�ǿ���Ƶ intends to question an individual about his/her criminal background check report, the �黨�ǿ���Ƶ will provide the individual with a copy of this report prior to any such questioning.

8.0 Pre-Adverse Action Notice
If the �黨�ǿ���Ƶ intends to take an adverse action against a candidate or employee, up to and including either withdrawing a contingent offer of employment or terminating employment, based in whole or in part on information learned from a background check, the individual will be notified of the �黨�ǿ���Ƶ’s intent in a Pre-Adverse Action Notice that includes: (a) a copy of the individual’s background check report; (b) the name of the consumer reporting agency that conducted the background check; (c) a copy of this policy; (d) identification of the information in the candidate’s CORI/SORI that is the basis for the potential adverse action; (e) a copy of the Consumer Financial Protection Bureau’s A Summary of Your Rights Under the Fair Credit Reporting Act; (f) a copy of the Massachusetts Department of Criminal Justice Information Services’ Information Concerning the Process for Correcting a Criminal Record; and (g) any other information as required by applicable federal or state law. The �黨�ǿ���Ƶ will also provide the individual with five (5) business days to dispute the accuracy of or clarify any information in the individual’s background check report. The �黨�ǿ���Ƶ will document all steps taken in compliance with this section of the �黨�ǿ���Ƶ’s background check policy.

9.0 Adverse Action
The �黨�ǿ���Ƶ will review an individual’s response, if any, to the Pre-Adverse Action Notice within a reasonable period of time to determine whether the �黨�ǿ���Ƶ plans to take adverse action. The �黨�ǿ���Ƶ will notify the individual of the �黨�ǿ���Ƶ’s decision and the basis for such decision as soon as possible.

10.0 Secondary Dissemination Log
The �黨�ǿ���Ƶ limits dissemination of CORI received, directly or indirectly, from the DCJIS, as required by law and regulation. The �黨�ǿ���Ƶ maintains a central secondary dissemination log to record any dissemination of CORI outside the organization, including dissemination at the request of a candidate or employee. The �黨�ǿ���Ƶ’s secondary dissemination log will include the name of the individual, the individual’s date of birth, the date and time of dissemination, the name of the person and organization to whom the CORI was disseminated, and the specific reason for dissemination. The �黨�ǿ���Ƶ will store secondary dissemination log entries for a period of one year.

11.0 Credit History Check
The �黨�ǿ���Ƶ may require a satisfactory credit history if your job or the job you are applying for includes one or more of the following:

    a. Management responsibility for setting the direction or control of a department,
    b. Access to sensitive information that an employee authorizes the �黨�ǿ���Ƶ to obtain, process, and keep and to which only managers and a select few have access,
    c. Access to financial information that is non-public and relates to the overall financial direction of the �黨�ǿ���Ƶ,
    d. Custody of or unsupervised access to cash or marketable assets, which includes �黨�ǿ���Ƶ property that is specifically safeguarded from the public and to which access is only entrusted to managers and select other employees (does not include fixtures, furnishings, or equipment of the �黨�ǿ���Ƶ), or
    e. Signature authority over $5000 or more per business transaction. 

Please contact the Director of Human Resource with any questions regarding this policy.