[ Text of section added by 2019, 43, Sec. 2 effective July 31, 2019.]

Terms Used In Massachusetts General Laws ch. 112 sec. 289

  • Conviction: A judgement of guilt against a criminal defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

  Section 289. (a) The board may conduct investigations and examinations for the purposes of:

  (i) initial registration, registration renewal, registration suspension, registration conditioning, registration revocation or termination or general or specific inquiry or investigation to determine compliance with sections 276 to 289, inclusive; provided, however, that for the purposes of any such investigation or examination, the board may access, receive and use any books, accounts, records, files, documents, information or other evidence including, but not limited to: (A) criminal, civil and administrative history, including nonconviction data as specified in the General Laws; and (B) any other material the board deems relevant to the inquiry or investigation without regard to the location, possession, control or custody of such material;

  (ii) investigating violations or complaints arising under sections 276 to 289, inclusive; and

  (iii) reviewing, investigating or examining any registrant, individual or person subject to sections 276 to 289, inclusive.

  (b) If a criminal history record check for a person who directly or indirectly owns more than 10 per cent of an entity applying for registration or for an officer, controlling person, employee in charge or managing principal of an entity applying for registration pursuant to subsection (c) of section 279 reveals a conviction, such conviction shall not automatically bar registration if the conviction is not related to the financing or transfer of real property. The board shall consider all of the following factors regarding the conviction:

  (i) the seriousness of the crime;

  (ii) the date of the crime;

  (iii) the age of the person at the time of the conviction;

  (iv) the circumstances surrounding the commission of the crime, if available;

  (v) the nexus between the criminal conduct of the person and the job duties of the position to be filled; and

  (vi) the person’s prison, jail, probation, parole, rehabilitation and employment records since the date the crime was committed.