[MA] How far back does a background check go?
In MA, even for a license check, they can lawfully only go back 7 years unless it's directly related to the position. They can see your driving record, which could mention the DUI, but it wouldn't appear on the criminal portion.
Sterling is also just the background check company. Their check is considered comprehensive but it's not allowed to violate state law. The licensing board should also already be aware of the DUI, if they are not, that would be a separate issue, but the background check would be for the employer.
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Sterling background check, how far back do they go, DUI?
I understand your concern. Have you recently had a DUI conviction that you are worried about showing up on a sterling background check?
Yes
Are you currently applying for a job or in a situation where a background check is required?
Yes
Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your background check.
Yes
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, in what state is the check being run?
Thank you. Massachusetts.
Thank you for sharing that. Can I ask, does the job require driving?
Is the DUI older than 7 years?
One in 1989’ 2009 2015- I’m sober for 10 years now
In Massachusetts, when a general background check is run, it only would go back 7 years, This is part of MA's ban the box initiative.
Yea but I looked it up and it said they go back forever and they check my driving history, are you familiar with the Sterling. Background check?
Is it a licensed position? The law, even for Sterling and a comprehensive check would be that criminal charges can only be reported back 7 years.
In MA, even for a license check, they can lawfully only go back 7 years unless it's directly related to the position. They can see your driving record, which could mention the DUI, but it wouldn't appear on the criminal portion.
Sterling is also just the background check company. Their check is considered comprehensive but it's not allowed to violate state law. The licensing board should also already be aware of the DUI, if they are not, that would be a separate issue, but the background check would be for the employer.
I guess I won’t accept the job then. Is this wise? Or could I have my record sealed?
You could file a petition with the court to seal records, this can help keep it from view.
How long does that take?
Will I need a lawyer to do this?
Sealing can take about 3-6 months. You don't require an attorney to do it, but one is helpful. A petition to seal would have to be filed in the court of conviction. The state does get a chance to object. If there is no objection, it can then be granted.
Any advice you can give?
With the DUI, even if the employer does see it, it can't be cause to just willfully deny unless it directly relates to your job. If they did use it, that could be considered discriminatory.
I have always passed the Cori, the hospital is strict.
Even if strict, they can't violate state law.
They will see my driving record tho
Yes, which may show it. But even seeing it, the law states they can only consider charges newer than 7 years and relevant to the job.
Do you think that they will report it to the nursing board? The DUIs from the driving record?
As I don't know your situation, that's difficult to say. In MA, you didn't have to disclose the DWI when you first had them, but they did have to be disclosed as part of your criminal record to the nursing board.
If the hospital is strict, there are legal options since the charges are so old, but that may be more stress than you would want.
Legal options?
MA's ban the box rule and 7 year background check loopback isn't something the hospital can just ignore. If they did so, you would have the right to file suit against them in court and a complaint with the department of labor.
I hope this was helpful for your decision making. I wish you luck going forward!
