Most landlords and employers have "standard access" to criminal record information. This means they can see: 

• pending cases (including CWOF's, a Continuance Without a Finding)

• misdemeanor convictions in the 5 years following your disposition date or release from incarceration (whichever is later)

• felony convictions in the 10 years following your disposition date or release from incarceration (whichever is later)  

• all convictions for murder, manslaughter, and sex offenses

However, certain categories of employers have access to more information: 

• Healthcare organizations, banks, and public housing authorities have access to ALL pending cases and ALL convictions. 

• Schools, caregiving facilities, and religious organizations have access to ALL pending cases, convictions, and non-convictions. 

• Children's camps have access to all of the above AND juvenile records. 

• Law enforcement can see all of the above AND sealed offenses. 

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During a job interview, potential employers cannot legally ask the applicant if he or she has ever been arrested, convicted, or spent time in jail. Additionally, employers cannot inquire about your criminal record on the initial application unless you are applying for a job at a school, or to a state or federal position that requires security clearance. 

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According to Massachusetts law, an employer cannot discriminate against an individual who does not wish to share information regarding: 

• An arrest, detention, or disposition in which there was no conviction 

• A first conviction for the following misdemeanors: drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace

• Any misdemeanor conviction is which three years have passed since the disposition date or release from incarceration 

• Any criminal record that has been sealed or expunged.

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