Additional Information: During a recent job interview, I was asked if I was ever convicted of a felony. I felt I had to answer the question so I answered honestly, “yes” for something that happened over 10 years ago. I thought it was against the law in MA for employers to ask this? Is there anything I can do at this point?
Although the law governing criminal record information was amended in 2010 to provide more protections to job applicants, the changes do not appear to reach your situation. Under the revised Criminal Offender Record Information (CORI) law, employers generally cannot ask for criminal histories on a written job application that is completed prior to a job interview. The new law does not expressly reach questions at the interview stage, however, and historical information regarding felony convictions has traditionally been permissible regardless of age. While this is not true in the case of misdemeanor convictions such as drunkenness, disturbing the peace, or speeding, you unfortunately have a felony history and do not appear to be protected by law.
Massachusetts Employment Law Attorney Jack Merrill provides legal representation to employees, employers and businesses throughout the Boston metro west and Worcester County region including Ashland, Dedham, Framingham, Franklin, Hopkinton, Maynard, Marlborough, Milford, Natick, Needham, Newton, Shrewsbury, Sudbury, Waltham, and Worcester, Massachusetts.