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Staff Access
Legal
Criminal Offender Record Information (CORI)
Sections
CORI rights are complex. We strongly encourage referring to competent legal counsel.
- Legal Referral
CORI rights are complex. We strongly encourage referral to competent legal counsel.
- Masslegalhelp.org. Find forms to send for your CORI or seal cases, self-help booklets, and
easy-to-read information about your legal rights related to CORI
- Massachusetts Department of Criminal Justice Information Services (DCJIS). To get
a copy of your CORI online or by mail, or to find help to fix mistakes on your CORI, contact
DCJIS at 617-660-4640 or go to their web site: http://www.mass.gov/eopss/agencies/dcjis/
- Eastern Regional Legal Intake (ERLI). Free legal hotline for low income people
in the Boston area where callers get legal advice or are referred to other legal and social service
agencies. ERLI does intake and case screening for Greater Boston Legal Services and other Boston area legal aid programs. For help, call: 617-603-1700 and toll-free at 1-800-342-LAWS.
- CORI help for Boston residents. Greater Boston Legal Services has a CORI information
table for Boston residents from 9 a.m. to noon for walk-ins at the Roxbury Court, 85 Warren
St., Roxbury on the 3rd Thursday of the month and at Dorchester Court, 510 Washington St.,
Dorchester on the 2nd and 4th Wednesdays of the month from 9 a.m. to noon.
- Massachusetts Bar Association Dial-a-Lawyer: First Wednesday of the month
from 5:30 p.m. – 7:30 p.m. MBA attorneys answer criminal or civil law matter questions for
free if you call 617-338-0610 or 877-686-0711 (toll-free). Calls only. No walk-ins.
- Legal advice and representation - link to our main legal page for additional listings of legal service agencies and services for specific populations
- Youth: Little Nomads - program closed
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Access to MA CORI records
Note: there are other sources of criminal record information in addition to the state's CORI system including CORI from other states, the FBI's national fingerprint database, sex-offender registries (including the National Sex Offender Public Registry or Dru Sjodin website) and private consumer reporting agencies. Sealing or expunging records with MA CORI at this time will not change information from these sources or their availability.
Levels of Access to the State CORI system
Certain employers have access to more in depth information. There are different levels of access (1 through 4, with level 4 being the highest level of access) that employers may have depending on the employment field. See full guide: Categories of CORI Access (Dept of Criminal Justice Information Services - DCJIS)
- Applicant's Rights
- Self-Help (also for additional information)
- As of 5/4/12, if an EMPLOYER has obtained criminal history information about an applicant, regardless of source, the employer must provide the criminal history to the applicant PRIOR to asking him or her about it.
- Before an individual employer or private landlord makes an adverse decision based on a CORI, the employer/landlord must:
- notify the applicant of the potential adverse decision
- provide a copy of the applicant's CORI to the applicant
- provide a copy of the employer's CORI policy (if applicable)
- identify the information in the CORI that is the basis for the potential adverse action
- provide the applicant the opportunity to dispute the accuracy of the information contained in the CORI
- provide the applicant the DCJIS document Information Regarding the Process for Correcting CORI
- Document steps taken to comply with these requirements
- Self-Audits- you can request a free self-audit every 90 days to see who has accessed your CORI (it will not show if accessed by police, probation, courts or other criminal justice agencies). Self-Audit form.
- Employers/landlords cannot require an applicant to share a copy of CORI higher than level otherwise available to the employer/landlord. This is actually subject to a criminal penalty and is reportable to DCJIS. But employers/landlords may ask for other assistance related to out-of-state records or to clear up certain aspects of a CORI report- see below.
- Inquiries (Employment) - for employment and occupational licenses (licenses added under CORI reform), if record has been sealed you may say "no criminal record". Note that MA Dept of Early Ed and Care will see sealed records if you apply to be a childcare worker. DCF will see sealed records if you apply to adopt or become a foster parent.
- It is illegal in MA for most employers to ask about criminal records on initial job application. Mass Commission Against Discrimination (MCAD) takes these complaints.
- Employers cannot have blanket policies that automatically reject any job applicant with a criminal record. Should conduct an individual assessment considering age of offense, nature and seriousness of offense, age of person at time of offense and other factors.
- Juvenile Records (Employment) - a juvenile case is not considered a criminal record. An employer is not permitted to ask about a juvenile court case EXCEPT where a juvenile was tried as an adult and therefore the case became part of adult CORI. Juvenile records generally will not appear on a CORI. There are limited exceptions- see Categories of CORI Access (Dept of Criminal Justice Information Services - DCJIS)
- Housing- CORI and Public/Subsidized Housing
- Key Resource- Advocate's guide: Access Public and Subsidized Housing through Mitigation Strategies - Medical/Legal Partnership Boston
- Denial of Assistance Rules at a Glance - lists mandatory denials and discretionary denials by program and lists mitigating circumstances.
- Remember- landlords may also look at additional sources for background checks including credit history, landlord history and other sources of criminal background information in addition to the state CORI system. Other criminal background sources might include the national fingerprint database, sex-offender registries, and may contract with Consumer Reporting Agencies (CRAs) who may access public records including police logs, news sources and criminal court files. CRAs may also use the CORI system either via open access or on behalf of registered client to get higher level access. Errors should be reported to the CRA.
- Applications and Inquiries about criminal history (housing)- applicants need to be truthful. False statements, even in error, can be basis for denial, termination or eviction. If not sure say so (such as if one is not sure if case was misdemeanor or felony). If not sure, say "I'm not sure, look at my criminal history." (Most landlords check routinely.) Under CORI reform, after sealing a record you can truthfully say "no record" for housing (and occupational licenses as well as previously allowed employment applications) - previous to CORI reform you could not say "no record" if sealed.
- While landlords cannot ask the applicant to supply a copy of MA CORI (because the individual's own access may supply more information than available on the landlord's access level), landlords MAY ask applicant to supply out of state criminal history and they MAY ask you to get them information on any PENDING cases or defaults on MA CORI- or if not enough info was included about disposition (date closed, the underlying charge, whether still pending, docket info.)
- Wise in most cases to wrap up cases- ideally in advance (while on waiting lists). HOWEVER, there may be risks- consult the court's Attorney of the Day or other legal advocate.
- If the landlord is using credit screening service rather than CORI system burden is on applicant to discount negative info.
- Apply for housing strategically- federal housing options have stricter CORI requirements than do state (particularly for life-time registered sex-offenders). Some developments may specifically work with ex-offenders or those with substance use disorder histories as part of their mission. PHAs may be less enthusiastic about issuing vouchers that may be used anywhere.
- Grounds for Denial (new applications)-
- Denial of Assistance Rules at a Glance - lists mandatory denials and discretionary denials by program and lists mitigating circumstances.
- Grounds for denial include drug posssession with intent to distribute, any violent criminal activity and offenses that affect the health and safety of those nearby. Drunk driving convictions are not an automatic bar to most housing, but landlords may be concerned with the safety of others in the development.
- ADA Reasonable Accommodations- duty of owner/PHA to consider RA request, but it does not waive essential eligibility requirements. NO duty to accommodate current illegal substance use or alcohol abuse (both state and federal can deny), but past history could be discounted, by for example showing completion of treatment programs, letters of recommendation, etc.
- Sex-Offenders - though it may be difficult to obtain affordable housing for this population, the only federally REQUIRED life-time ban is for those with LIFETIME sex-offender register requirement. There is no equivalent MA state life-time ban. Those with sex-offenses on their record should consult an advocate.
- Termination of Assistance, Criminal Activity, and Eviction - covers Section 8 Housing Choice Voucher, MRVP, Section 8 Project-Based Multifamily Housing and Section 8 Tenant-Based Voucher Program
- More Information: Challenging a Denial of Housing 12/09 - also helpful to know before applying.
- Sealing Records
(For adults, MA state offenses)
- Know Your CORI Rights - GBLS manual, 5/19
- Legal referral for low-income people - see p. 19
- Note: FEDERAL court records generally CANNOT be sealed (few exceptions)
- Note: there are other sources of criminal record information in addition to the state's CORI system including CORI from other states, the FBI's national fingerprint database, sex-offender registries (including the National Sex Offender Public Registry or Dru Sjodin website) and private consumer reporting agencies. Sealing records with MA CORI will not change information from these sources or their availability.
- If an offense is sealed and the level of access does not show sealed records the offense should not appear on the CORI (e.g., will not say there is a sealed record). However, note that certain CORI access levels will include sealed records (notably for law enforcement, courts, and employment through MA Dept of Early Ed and Care and DYS and applying to adopt or be a foster parent through DCF).
- Two processes to seal records: Administrative Process- by Mail and Sealing Cases in Court.
- Administrative Process- by Mail
- Waiting period 3 years for a misdemeanor convictions (5 years prior to CORI reform), 7 years for a felony conviction (10 years prior to CORI reform)(more how this is counted). Exceptions:
- Convictions for violation of Abuse Prevention and Harassment orders - 10 years
- Sex offense convictions- if required to register on sex-offender registry, 15 years after the the last event, including end of any period of supervision, probation, parole or release from incarcertion.
- Those presently on sex offender registry cannot seal any cases by mail/administrative process (even if case is unrelated to sex offenses).
- If no longer on the sex offender registry- as long as never a level 2 or 3 offender- can request sealing of most types of cases
- If the person was level 2 or 3 sex offender can never seal convictions for certain sex offenses, but once no longer on the registry can seal other types of cases eligible for sealing.
- The following convictions are never sealable:
- Conviction for crime against public justice, including
resisting arrest, withness intimidation or escape from jail
- Resisting arrest is now sealable (since CORI reform)
- Certain firearms convictions and convictions for violations of the state ethics and conflict of interest laws
- Can't have any open cases
- Time Clocks - clocks start from the date of conviction OR when released from incarceration- whichever is LATER.
- Probation only counts against person if violated probabtion and then was incarcerated -then date is from release of incarceration.
- Find dates on the CORI report- date before the "G" (guilty) is date of conviction. Non-conviction case - may just say "File"- must wait same time period as otherwise applies.
- Restarting the clock- every conviction or incarcertation re-starts the clock to whicever offense has the longest waiting period. Can't seal a lesser offense by mail before the greater offense time period has expired. Non-convictions do not restart clock for mail in process.
- Sealing Cases in Court
- Non-Convictions (and one specific conviction)* may be sealed at the judge's discretion with no waiting period. Criminal defense attorney should routinely ask for this at time of judgment.
- Judge can seal any case where defendante was not found guilty, any case that was dismissed or ended in a nolle prosequi (case dropped by DA), and a *first-time drug possession conviction where the person did not violate any court orders connected to being on probation or a CWOF (Continued Without a Finding), such as going to drug treatment or providing community service (this is the only conviction that a judge can seal without a waiting period)
- Process is free and involves filing a petition to seal, going to court for a hearing in the court that handled the criminal case. Need to show one has had, or is likely to have problem with employment or housing based on the criminal record unless sealed.
- Immigrants- criminal record history is examined when person applies for green card/LPR status, citizenship or change in status. Immigrants are advised to discuss with an immigration lawyer before sealing records. (Otherwise may need to get records unsealed and may be unable to do so prior to an immigration hearing.) If do manage to get records unsealed for immigration purposes can ask for them to be immediately re-sealed.
- CORI Pro Se (representing yourself) in court after filing a petition to seal criminal cases
GBLS
- Rights AFTER Sealing Records - if present or future employers ask for information that involves sealed cases you may say you have "no record" with regard to those cases. Note that MA Dept of Early Ed and Care will see sealed records if you apply to be a childcare worker. DYS and DCF will see sealed records if you apply to adopt or become a foster parent. Different, stricter, rules used to apply for housing but under CORI reform (2018), after sealing a record you can truthfully say "no record" for housing (and occupational licenses as well as previously allowed employment applications).
- Who can see sealed records: criminal justice agencies, Dept of Early Education and Care if applying to be a childcare worker, DCF and DYS when applying to adopt or become a foster parent.
- Juvenile Records- You can seal juvenile records if you are not on the sex offender registry AND at least 3 years has passed since
- juvenile case closed and
- you were last adjudicated in juvenile court or last foudn guilty of a crime in any court, excempt for a motor vehicle offense with a fine of not more than $50
- you were last imprisoned or committeed in or outside of MA
- The Department of Criminal Justice Information Services (DCJIS) "Hold back"- DCJIS automatically holds back cases
from CORI reports given to housing or licensing screeners and many employers IF the cases are
eligible for immediate sealing under the mail-in process after a 5 year waiting period for
misdemeanors and a 10 year waiting period for felonies.
- When waiting periods to seal cases by mail were reduced from 5 and 10 years to 3 and 7 years, it appears there
may have been an oversight because these “hold back” provisions in Chapter 6, § 172 (a)(4) were not changed.
- More Information
- More Information/Reference
In the News:
See also:
Page revised 11/18
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