Effective November 4, 2010, Massachusetts will become the second state after Hawaii to ban employers from requesting criminal record information on initial job applications.

According to the Littler law firm, the Massachusetts legislation overhauls the Commonwealth’s Criminal Offender Record Information system, and is aimed, in part, at increasing employment opportunities for reformed offenders. The legislation includes a so-called “ban the box” provision, which bars employers from requiring applicants to check a box if they have a criminal history.

Littler compares the Massachusetts law to Hawaii’s 1998 law prohibiting public and private employers from inquiring about an applicant’s criminal history until after a conditional offer of employment has been made. “Unlike Hawaii’s law, the legislation does not require employers to wait until a conditional offer of employment has been made before questioning an applicant about his or her criminal record or before requesting CORI record,” Littler says. “The restriction only bars employers from requesting criminal history information on the ‘initial written application form.’ Accordingly, employers may ask an applicant about his or her criminal history during the interview process.”