
Your Criminal Offender Record Information (CORI) affects employment, housing, and licensing opportunities in Massachusetts. Understanding your rights, sealing eligibility after 5-10 years, and correction procedures can help protect your future and ensure proper access to your records.
- Sealing Eligibility: 5 years for misdemeanors, 10 years for felonies
- Employer Restrictions: Cannot ask about criminal history on initial applications (with exceptions)
- Self-Audit Rights: Free CORI access report every 90 days
- Correction Process: Available through DCJIS for record errors
- Access Violations: Criminal offense with fines and imprisonment penalties
Understanding Your Criminal Record in Massachusetts
Your Criminal Offender Record Information (CORI) is your official criminal history record in Massachusetts. Understanding how it works, who can access it, and your rights regarding its use is crucial for protecting your employment opportunities, housing prospects, and general quality of life.
CORI Sealing Eligibility and Timeline
Waiting Periods for Record Sealing: Under Massachusetts law (M.G.L. c. 6, § 128), you can apply to seal your criminal records after specific waiting periods:
Felonies: 10 years after release from incarceration/custody or disposition
Misdemeanors: 5 years after release from incarceration/custody or disposition
Important Notes About Sealing
- Not automatic: You must apply through the Office of the Commissioner of Probation (1 Ashburton Place, Boston)
- Intervening convictions reset the clock
- Some offenses cannot be sealed (murder, manslaughter, sex offenses)
- Sealed records remain available to law enforcement and courts
Employment Rights and CORI
What Employers Cannot Do
Under Massachusetts law (M.G.L. c. 151B, § 101), employers generally cannot:
- Ask about criminal history on initial job applications (unless required by law for specific positions)
- Make hiring decisions based on sealed convictions
- Access your CORI without your signed authorization
What Employers Must Do
Before questioning about criminal record (M.G.L. c. 6, § 19):
- Provide you with a copy of any criminal record information in their possession
If making adverse employment decision:
- Must provide you with copy of criminal record used to make the decision
CORI Access and Sharing Rules
Who Can Access Your CORI
Criminal Justice Agencies:
- Full access including sealed records
- Law enforcement and courts
- Probation and parole agencies
Statutory Requestors (with legal authority):
- Licensing authorities
- Certain employers (healthcare, education, security)
- Background check companies with proper authorization
Non-Statutory Requestors:
- Must obtain your signed authorization
- Subject to time and content limits
- Include most employers, landlords, licensing authorities
Time Limits for CORI Dissemination
Felonies and Domestic Violence:
- Available for 10 years after conviction
Misdemeanors:
- Available for 5 years after conviction
Always Available:
- Murder, manslaughter, and sex offense convictions
- Prior records remain available as long as most recent conviction is accessible
Non-Conviction Records
- Generally not shared with most requesters
- Exceptions: Pending cases, CWOFs (until dismissed)
- Only entities with statutory access can receive non-convictions
Public Access to CORI
The general public may request limited CORI access:
Felonies Punishable by 5+ Years:
- Accessible for 2 years after release from custody
Misdemeanors:
- Accessible for 1 year after release from custody
Prison Sentences:
- Accessible during incarceration, probation, or parole
Your CORI Rights and Protections
Self-Audit Rights
Request every 90 days (M.G.L. c. 6, § 21):
- See who accessed your CORI
- When access occurred
- Purpose of access
- Free of charge
Filing Complaints
If CORI rights are violated (M.G.L. c. 6, § 12):
- File complaint with Criminal Record Review Board
- Available online at mass.gov
- Employer violations include not providing copy of record before questioning
Correcting Errors
CORI correction process (M.G.L. c. 6, § 35):
- Department of Criminal Justice Information Services (DCJIS) provides guidelines
- May assist with correction process
- More information available at mass.gov
- Note: This process eliminates right to file complaint to purge/modify records
Special Circumstances for CORI Access
Victims and Witnesses
- Full access to CORI including non-convictions
- No time limitations on access
Family Law Cases
Courts can access sealed CORI for:
- Domestic abuse cases
- Child custody matters
- When safety is at risk
Long-Term Care Facilities
- Required to perform CORI checks on staff and volunteers
- Access to all CORI including non-convictions
- Nursing homes and similar facilities
Occupational Licensing
- Municipalities may require fingerprinting for specific licenses
- Conducts state and national criminal record checks
Unauthorized CORI Access
Criminal Penalties
Unauthorized access is a crime (M.G.L. c. 6, § 36):
- Punishable by fines and imprisonment
- Applies to individuals and organizations
- Includes accessing records without proper authorization
Frequently Asked Questions
How long do I have to wait to seal my criminal record?
You can apply to seal misdemeanors after 5 years and felonies after 10 years from your release from custody or disposition date. The waiting period resets if you get new convictions during this time.
Can employers ask about my criminal history on job applications?
Generally no, unless required by law for specific positions. Employers cannot ask about criminal history on initial applications but may ask later in the hiring process with proper procedures.
Who can see my sealed criminal records?
Sealed records are still available to law enforcement, courts, and certain licensing authorities. They are not available to most employers, landlords, or the general public.
What should I do if someone accessed my CORI illegally?
Contact the Criminal Record Review Board to file a complaint. Unauthorized CORI access is a criminal offense with penalties including fines and imprisonment.
How can I find out who has accessed my CORI?
Request a free self-audit every 90 days to see who accessed your records, when, and for what purpose. This service is available through the proper state channels.
Contact Ernest Stone Today
If you need help with CORI sealing, record corrections, or have questions about how your criminal record affects your rights, we can help guide you through the process and protect your future opportunities.
Free consultation available. Call (978) 969-2890 to discuss your situation. We're available 24/7 to respond to urgent legal matters.
H. Ernest Stone, Attorney PC
Criminal Defense
Email: es@herneststone.com
Phone: (978) 969-2890
Office: 900 Cummings Center, Suite 321-U, Beverly, Massachusetts 01915
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