On May 4 the changes to the Criminal Offender Record Information (CORI) law became effective. According to massresources.org, CORI was originally passed into law in August 2012, to insure:
non-convictions will no longer appear on CORI reports
felony convictions can be sealed after a 10-year waiting period
misdemeanor convictions can be sealed after a 5-year waiting period
convictions that are eligible to be sealed will automatically not be sent in CORI reports
the waiting period will begin immediately after release from prison
initial written job applications cannot include a question about felony convictions ("ban the box")
the CORI system will go online to make it easier for employers to use
The new changes include the implementation of a new service that will allow landlords, employers, and others to check a person’s criminal history online, but they are only allowed to delve back ten years. The online service, iCORI, will allow employers, landlords, volunteer organizations, or individuals to pay for and obtain CORI online.
The Massachusetts Department of Criminal Justice information Services reports that employers will be issued “Standard Access” to CORI, meaning that they can request any pending charges against an individual, felony or misdemeanor convictions, any unsealed convictions, as well as murder, manslaughter or sexual offenses. Private landlords will be able to access the same information as employers, but only for the leaseholder.
Some employers, such as banks and health care facilities will be given “Required Access” which will allow them to access records as far back as an individual’s 17th birthday. The public will have limited access to criminal records under “Open CORI.”
Companies that profit from doing criminal background checks for employers oppose the new changes, claiming that limits can hurt employers. But the real reason behind their opposition may be that those companies, themselves, stand to be hurt-in the pocketbook.
Also under the new changes, those with a criminal history must be given a copy of his or her criminal history obtained by an employer before the employer can ask about that person’s criminal history.
A person will be able to see if any non-law enforcement agency or individual has requested CORI, and will also be able to detect if an employer requested CORI information prior to a job interview or before denying a person employment.
The length of time it takes to get a record sealed will be reduced under the new changes. For many citizens of Massachusetts the law is a step in the right direction for affording a second chance to deserving individuals.
For more information on CORI see Sweeping Changes to Criminal Record Laws About to Begin in Massachusetts, Reentry Central News , March 27, 2012.
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