119 CMR, § 1.05

Current through Register 1536, December 6, 2024
Section 1.05 - Applicant Disclosure of Criminal Record Information

All applicants for a position with SHH 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 MGL c.151B, § 4, para 9. The application shall not require an applicant to disclose:

(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 there from, 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 immediately preceding the date of such application for employment or such request for information. No application for employment shall be considered complete unless the applicant completes this section.

119 CMR, § 1.05