Effect of a Dismissed Misdemeanor on a Signed Job Offer

Attorney Answer

Massachusetts law limits an employer's ability to pull a signed offer over a dismissed misdemeanor, regardless of whether they asked about your criminal history upfront. Under Massachusetts General Laws Chapter 151B § 4(9), it is an unlawful practice for an employer to ask about, keep a record of, or take adverse action based on an arrest, detention, or court case that did not result in a conviction — which covers a dismissed charge — whether or not the topic came up during hiring.

Be careful with one common misunderstanding: a dismissal is not sealed automatically. The first paragraph of Massachusetts General Laws Chapter 276 § 100C seals not-guilty findings, no bills, and no-probable-cause findings on its own. For a dismissal or a nolle prosequi, the second paragraph requires you to ask the court, and the court seals the record only where “it appears to the court that substantial justice would best be served.” The reason a dismissal usually does not show up on an employer's check is a different rule entirely: under Chapter 6 § 172 and 803 CMR 2.05(4), an employer's “standard access” CORI report shows pending charges and certain convictions, not cases that ended without a conviction. That limit governs the state CORI system only — since you already consented to a background check, private vendors sometimes surface older or non-CORI records that a standard state check would not show, so be ready to address the dismissal calmly and factually if it comes up. If you want the record itself sealed, that takes a petition under § 100C in the court where the case was heard.

What you can do:

1. Don't assume the topic is closed just because it wasn't asked about — the background check could still surface it.

2. If it does come up, you can note the case was dismissed; Massachusetts law generally bars the employer from holding that against you.

3. If the offer is withdrawn specifically because of the dismissed case, write down when and why you were told, as soon as it happens.

4. Consult an employment attorney promptly to evaluate whether a rescission on this basis violates Chapter 151B.

⏱ Time limits apply. If the offer is rescinded specifically because of the dismissed misdemeanor, a discrimination charge with the Massachusetts Commission Against Discrimination generally must be filed within a fixed window — commonly around 300 days — of the adverse decision. A local employment attorney should confirm the exact deadline promptly if that happens.