[MA] Will a Sterling check for a nursing job reveal my old DUIs?
Even for Sterling, criminal records are reportable only 7 years (M.G.L. c.93, §52). In MA, even for a license check, criminal records beyond 7 years generally aren’t reportable unless directly job-related. Driving record may mention the DUI, but not the criminal portion. Sterling can’t violate state law. The board should already know; if not, that’s separate from the employer’s check.
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Sterling background check—how far back do they go for DUI?
Have you recently had a DUI you’re worried about showing up?
Yes.
Is a background check required for a job?
Yes.
Anything else the lawyer should know?
Yes.
Hi! To help, in what state is the check being run?
Massachusetts.
Is the DUI older than 7 years?
Yes—2015. Also 1989 and 2009. I’m 10 years sober now.
In MA, general background checks go back 7 years (ban-the-box).
I read Sterling goes back forever and checks driving history. Are you familiar with Sterling?
Even for Sterling, criminal records are reportable only 7 years (M.G.L. c.93, §52). In MA, even for a license check, criminal records beyond 7 years generally aren’t reportable unless directly job-related. Driving record may mention the DUI, but not the criminal portion. Sterling can’t violate state law. The board should already know; if not, that’s separate from the employer’s check.
Can I seal my record?
You can petition the court to seal records.
How long? Do I need a lawyer?
About 3–6 months. You don’t need a lawyer, though it helps. Filed in the court of conviction; the state can object.
Any advice?
Even if the employer sees it, they can’t deny you solely for old, non-relevant charges. Using it could be discriminatory.
I’ve always passed CORI; the hospital is strict.
Even if strict, they can’t violate state law.
They will see my driving record though.
Yes, and it may show the DUI, but only charges newer than 7 years and relevant to the job can be considered.
Will they report it to the nursing board—from the driving record?
Did you report them when they occurred?
Should I forget the job just in case? I have a mortgage and I’m alone—I’m sick about this. What would you do?
Hard to say without more. In MA you didn’t have to disclose the DUI initially to the employer, but it should be disclosed to the nursing board. If the hospital ignores the 7-year rule, you have legal options—but that may be stressful.
Legal options?
MA’s ban-the-box and 7-year look-back still apply; if the hospital ignores them, you could sue and file a complaint with the Department of Labor. I hope this helps. Good luck!
