Criminal Record Information Rule Changes

The Massachusetts Legislature has passed a law changing the Criminal Offender Register Information (CORI) system used by employers to access the criminal histories of job applicants. Here are the key provisions affecting employers.

Negligent hiring protection: No employer will be liable for discriminatory employment practices for the failure to hire a person on the basis of criminal offender record information that contains erroneous information requested and received from CORI. The liability protection is available to employers who make a hiring decision within 90 days of getting the criminal offender record information.

Affirms access for employers with statutory, regulatory or accreditation requirements: An employer authorized or required by state or federal statute, regulation or accreditation process to obtain criminal offender record information other than that available may obtain such information to the extent and for the purposes authorized to comply with said statute, regulation or accreditation requirement.

Allows employers to inquire about any criminal convictions on an applicant s application form if: (i) the applicant is applying for a position for which any federal or state law or regulation creates mandatory or presumptive disqualification based on a conviction for one or more types of criminal offenses; or (ii) the employer or an affiliate of such employer is subject to an obligation imposed by any federal or state law or regulation not to employ persons, in either one or more positions, who have been convicted of one or more types of criminal offenses.

Criminal offender record information is defined as records and data in any communicable form compiled by a Massachusetts criminal justice agency that concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a pretrial proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release. Such information shall be restricted to that recorded as the result of the initiation of criminal proceedings or any consequent proceedings. Criminal offender record information shall not include information concerning offenses not punishable by incarceration.

Lookback period: Reduces the sealing time for felonies from 15 years to 10 years, and for misdemeanors from 10 years to five and preserves the current availability of records to the public and to law enforcement.

Check the Box : A provision preventing employers from asking about criminal records as part of the initial job application exempts employers who are statutorily prohibited from hiring exoffenders, and allows inquiries later in the process for others.

Adverse hiring decisions: In connection with any decision regarding employment, volunteer opportunities, housing or professional licensing, a person in possession of an applicant s criminal offender record information shall provide the applicant with the criminal history record in the person s possession, whether obtained from the department or any other source, (a) prior to questioning the applicant about his criminal history and (b) if the person makes a decision adverse to the applicant on the basis of his criminal history. Failure to provide such criminal history information to the individual in accordance with this section may subject the offending person to investigation, hearing and sanctions by the board.

Sex Offenders: Any sex offender who has at any time been classified as a level 2 or level 3 sex offender shall not be eligible for sealing of sex offenses.