On August 16, 2010 Reentry Central posted an article about Massachusetts Governor Deval Patrick’s attempt to fix the state’s flawed Criminal Offender Record Information (CORI) system. Patrick was concerned about the high recidivism rate of formerly incarcerated persons who were unable to get a job because of the reluctance of employers to interview to a person once the employer saw that the person had a criminal history. Patrick’s intention with revising CORI was to allow a qualified applicant to at least get his foot in the door for an interview.
In 2010 Reentry Central reported that “The Criminal Offender Record Information (CORI) system was used by employers to examine an applicant’s criminal history. While the new law will still allow this, the system will now be cleared of inaccurate information, acquittals, and dropped charges. Also, if a person does not commit another offense, a felony conviction will be erased after ten years, and a misdemeanor conviction after five. Before this law, a conviction could only be erased by court order, and after a longer period of time. A murder or sexual offense will not be erased. The law also allows nonviolent inmates serving mandatory minimum sentences to be eligible for parole after serving half of their sentences, and, importantly, provides job training while incarcerated.” Now, almost two years later, other components of CORI will be put into effect.
The Association of Corporate Counsel (ACC) announced that on May 4, more important changes will go into effect with regard to both the job applicant with a criminal history, and the potential employer. Some of the changes ACC mentions are:
In connection with a decision regarding employment, prior to questioning an individual about his or her criminal history, an employer in possession of the individual’s criminal record information must provide the individual with the criminal history record in the employer’s possession, regardless of the source from which it was obtained.
If the employer makes an adverse decision on the basis of an individual’s criminal history, the employer must provide the individual with a copy of the criminal record information in the employer’s possession, regardless of the source from which it was obtained (however, if the employer already gave the individual a copy of the record prior to questioning, the employer does not need to provide an additional copy in connection with an adverse decision).
An employer that annually conducts five or more criminal background checks, regardless of the source from which it obtains the criminal record information, must maintain a written CORI policy. The law requires that the policy include certain provisions, including that the employer will: (i) notify the applicant of the potential adverse decision based on criminal record information; (ii) provide a copy of the individual’s criminal history information and the employer’s policy to the applicant; and (iii) provide information concerning the process for correcting a criminal record.
ACC adds that starting on May 4:
Employers should confirm that they have not included any questions regarding criminal history on any initial employment application completed prior to an interview.
Staffing personnel and hiring managers should be trained so that they understand what can and cannot be asked of applicants regarding their criminal records and background, and when the questions may be asked. Specifically, staffing personnel and hiring managers should be aware that they are prohibited from requiring an applicant or employee to disclose: (i) arrests that did not result in conviction; (ii) first misdemeanor convictions for drunkenness, simple assault, speeding, minor traffic violations, affray or disturbing the peace; and (iii) convictions for misdemeanors where the date of conviction or the completion of incarceration (whichever is later) occurred five or more years from the date of the application (unless there was an intervening conviction). Staffing personnel and hiring managers also should understand that they are never permitted to require an individual to provide a copy of his or her own CORI.
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