If you have had a criminal conviction and have paid the price in fines and / or incarceration, you may find that your past convictions can make it much more difficult to get a job, find somewhere to live and even access opportunities in education. In Massachusetts, there are two main ways to prevent others seeing a past conviction, making it easier to pursue a more normal life. This article explores CORI (criminal offender record information) sealing and expungement, how they are different and how to apply for either.
What is a CORI?
A CORI is your criminal offender record information if you have been charged or convicted with a crime. This information is held by the Department of Criminal Justice Information Services (DCJIS). The information which is used in the CORI reports is actually generated by state courts, but stored by the DCJIS in the CORI database (the iCORI). The DCJIS may receive requests for information about an individual’s criminal history from interested agencies such as potential employers, educational institutions and accommodation providers. If you have a criminal conviction you may also request release of CORI information so you can understand how it could affect your life ahead and whether you should apply for sealing or expungement of your record.
Limitations on how CORI reports can be used
CORI reports stored by the DCJIS are not available to all and sundry. Only agencies with a demonstrable “need to know” may be granted access to a CORI report of an individual of interest. Once they have been given permission to access a CORI report, they must keep the information secure. This means that if the report is in a hard copy form, it must be kept securely locked and kept separately stored away from general personnel information. If it is in a digital form, it must be securely encrypted and password protected.
CORI reports that have been obtained from the DCJIS must not be kept for more than 7 years from the date that an employee has left a job or a decision about hiring them has been made. Hard copy reports must be effectively shredded and digital copies securely deleted.
Difference between sealing and expungement
Sealing a CORI report is easier than expungement and available to more people seeking it. However, it does not totally prevent everyone from accessing information about previous convictions. Generally, once a record has been sealed, typical agencies that might request information about criminal convictions, such as employers, educational agencies and accommodation providers cannot access this information. If CORI reports have been requested, the DCJIS will respond with a ‘no record’ reply.
If you are asked to declare whether you have a criminal record by these sorts of agencies, you can quite legitimately respond by saying you have ‘no record’. However, some agencies can still access these records. These include the following:
- police departments;
- probation departments;
- courts;
- law enforcement agencies if a new offense has been alleged to have occurred;
- firearms licensing authorities;
- adoption agencies;
- child protection agencies.
Expungement is an almost total removal of any information about a previous conviction, meaning that no individual or agency can access the information, including law enforcement and other agencies listed above. It would be as if there had never been a conviction. There are still very rare exceptions, for example, if there was a particularly high level federal investigation needing information about previous convictions.
Eligibility for sealing and expungement of a CORI record
Not all criminal convictions can be sealed or expunged. Generally, records of most misdemeanors and felonies can be sealed, but this is not necessarily available for expungements. There is typically a waiting period for both sealing and expungements, which is dated from the final day of incarceration or the date you were found guilty by a court, whichever date was the latest. More about this waiting period is explained further below.
Convictions that cannot be sealed include:
- very serious offenses such as murder and manslaughter;
- cases of bribery of a public official, perjury, intimidation of a witness, or assisting in a jail escape;
- rape of a minor, or assault with attempt to rape a minor, which are crimes requiring registration on a sex offender record;
- the illegal sale, possession or purchase of firearms or ammunition.
Waiting period for sealing a CORI record
If you were charged with a criminal offense but never convicted or the case against you was dropped by the court, then generally you can make a request to seal your CORI with the court at any time with no waiting period.
If you have been convicted, unless it is a more serious offense, the waiting period depends on whether you were convicted with a misdemeanor or a felony offense.
For misdemeanors, the waiting period is 3 years from the date you were found guilty (if you did not get any jail time), or the date you were released from jail, whichever was the later date.
For felony offenses, the waiting period is 7 years from the date of release or the date you were found guilty, whichever is the later date.
Expungements
The criteria for expungements are stricter than for sealing, although the waiting periods are similar. To be able to request an expungement of your criminal record, you must be able to satisfy a greater range of criteria. It is important to understand what these are and whether you qualify. Because the level of protection for expungement is greater than sealing, i.e. it can be more beneficial to you, as well as more restrictive in being offered, it is advisable to contact an experienced criminal defense attorney to help you understand the process and your eligibility before you apply.
How to apply for sealing and expungement
The process is free and you can either apply online by completing a form or through the court. You should take the time to refresh your memory about the crime you were convicted for or how a charge was quashed by the court and supply supporting information which explains how your CORI record being accessible affects you negatively, such as making it difficult to get a job or accommodation, etc. You should get an affidavit signed by an attorney to declare any negative effects on your life. Generally, courts will want to see that it is for a demonstrable “good cause” meaning that sealing or expungement will help you to lead a more normal life after a criminal conviction sentence has been finalized.
In many cases, a petition for sealing or expungement can be made more likely to succeed by hiring a criminal defense attorney to help you through the process and represent you in court if that is necessary.