110 CMR 18.05 - Applicant Disclosure of Criminal Record Information

All applicants for a position in the Department or a vendor agency program shall complete an application form that contains a section requiring the applicant to disclose whether or not he/she has a criminal record and what crimes, if any, he or she has been convicted of, consistent with the requirements of M.G.L. c. 151B, § 4, para 9. The application shall not require an applicant to disclosure:

(a) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted; or

(b) a first conviction for any of the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace; or

(c) any conviction of a misdemeanor where the date of such conviction or the completion of any period of incarceration resulting therefrom, whichever date is later, occurred five or more years prior to the date of such application for employment or such request for information, unless such person has been convicted of any offense within five years information. No application for employment shall be considered complete unless the applicant completes this section.

Prospective foster/pre-adoptive parents or foster/pre-adoptive parent applicants for the Department or a vendor agency program will be required to disclose whether or not he/she has a criminal record, including the crimes charged and the disposition of the charge.

Notes

110 CMR 18.05