Massachusetts Criminal Offender Record Information (CORI) Law
Required reading if you represent the accused or convicted
- Product Number: 2130452EBK
- Publication Date: 3/30/2023
- Edition: 3rd Edition 2023
- Copyright: © 2023 MCLE, Inc.
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Product Description
Product Description
This practical guide to CORI law offers insight, strategic guidance, and a clear map through the CORI system in Massachusetts. An essential reference for those who represent and advocate for individuals arraigned in state court criminal cases, this handbook defines the issues and collateral consequences connected with criminal record information as it affects employment, housing, legal immigration status, the ability to adopt, professional advancement, education and licensure. It features practical steps for sealing, correcting, expunging CORI information, and gets the reader current on recent reforms that have overhauled the CORI system and impacted the rights and protections of Massachusetts residents.
Recent updates:
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Update: April 2023
Dear Subscriber:
Thank you for updating your library with the latest version of Massachusetts Criminal Offender Record Information (CORI) Law . This newly revised publication brings updated resources within your immediate reach—for fast, accurate, and practical answers to your questions regarding the handling of criminal offender records in Massachusetts. Highlights from the 2023 edition include
- information on obtaining a client's CORI online using the iCORI system;
- a discussion of evidentiary rules governing the use of sealed records;
- a 2022 law, codified at G.L. c. 276, s. 100K 1/4, providing that decriminalized marijuana offenses must be expunged within thirty days of a request and establishing a range of applicable offenses that includes not only possessory offenses but also certain offenses involving distribution;
- a review of the standards and procedures applicable under Section 100K 1/4, including the removal of discretion, the availability of a hearing, the requirement of written findings of fact, and a requirement that following an expungement the court must provide the petitioner with copies of the relevant documents and notify the clerk of the originating court, the commissioner of probation, and the commissioner of criminal justice information services;
- the procedure for sealing the records of persons who have received a pardon from the governor and approval from the Governor's Council, and the effect of sealing such records on employment, housing, and subsequent criminal proceedings;
- a pending Supreme Judicial Court appeal addressing whether trial courts may deny a request to seal the record of an offense following the defendant's acquittal;
- a discussion of recently amended statutory provisions on prearraignment diversion programs under G.L. c. 276A and G.L. c. 276B;
- Supreme Judicial Court caselaw from 2022 emphasizing the strong presumption in favor of expungement in cases eligible under G.L. c. 276, s. 100K and rejecting the court's reliance on the petitioner's other offenses or a belief that expungement would not help the petitioner as reasons to reject the petition;
- a mandamus action pending in the Supreme Judicial Court that would require the commissioner of probation to apply the juvenile sealing law to youthful offenders;
- a review of the CORI requirements applicable to employers and prospective employers;
- recent developments on the consequences of operating-under-the-influence (OUI) convictions and refusals to participate in alcohol testing, including a 2020 law requiring the installation of an ignition interlock device (IID) for certain first-time offenders seeking a hardship license; and
- a 2022 memorandum from the U.S. Department of Housing and Urban Development addressing the potential interaction between the disabilities of public housing recipients and use of their criminal records.
We trust you will find this updated version of Massachusetts Criminal Offender Record Information (CORI) Law an invaluable resource for your practice.
Very truly yours,
John M. Lawlor, Esq., Publications Attorney
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Update: April 2023
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Table of Contents
Table of Contents
expand allChapter 1 expandWhat Is CORI and How to Obtain CORI for Clients
Buy ChapterExhibit 1A
- Attorney, Advocate, or Designated Representative Request Form Buy FormExhibit 1B
- Affidavit of Indigency Buy FormExhibit 1C
- Supplement to Affidavit of Indigency Buy FormExhibit 1D
- Complaint Form: Incorrect CORI Buy FormExhibit 1E
- Incorrect CORI Complaint Form: Filled in Sample Buy FormExhibit 1F
- Personal Massachusetts Criminal Request Form Buy FormExhibit 1G
- Sample DCJIS Rejection Letter Buy FormExhibit 1H
- Juvenile Record Request Buy FormExhibit 1I
- Summary of Rights Under the Fair Credit Reporting Act Buy FormExhibit 1J
- Client Request for Own FBI Record Buy FormExhibit 1K
- State Identification Bureau Listing Buy FormChapter 2 expandWhat Access Do Employers Have to CORI?*
Buy ChapterExhibit 2A
- Summary of CORI Access Buy FormExhibit 2B
- Individual Registration Guide Buy FormExhibit 2C
- Organization Registration Guide Buy FormExhibit 2D
- Advocate/Attorney CORI Request and Affidavit of Indigency Buy FormExhibit 2E
- Attorney Request to Access CORI Buy FormExhibit 2F
- Model CORI Policy Buy FormExhibit 2G
- CORI Acknowledgment Form Buy FormExhibit 2H
- Complaint Form: Incorrect CORI Buy FormExhibit 2I
- Complaint Form: CORI Regulatory Violations Buy FormExhibit 2J
- Complaint Form: Improper Access or Dissemination of CORI Buy FormChapter 3 expandHow to Correct Errors on a Criminal Record*
Buy ChapterChapter 4 expandHow to Administratively Seal Convictions and Closed Criminal Cases
Buy ChapterExhibit 4A
- List of Nonsealable Convictions Under G.L. c. 276, § 100A (Adult Records) Buy FormExhibit 4B
- Model Letter and Affidavit to Accompany Any Petition to Seal a Past Conviction or Dismissed Case for Two Ounces or Less of Marijuana Without a Waiting Period Buy FormExhibit 4C
- Petition to Seal Buy FormChapter 5 expandHow to Seal Criminal Cases Through the Court Process
Buy ChapterExhibit 5A
- G.L. c. 276, § 100K¼: Expungement of Record Resulting from Certain Possession or Cultivation of Marijuana Offenses Buy FormExhibit 5B
- Findings and Order Form Buy FormExhibit 5C
- Standing Order 1-09 (Amended) Buy FormExhibit 5D
- Petition to Seal Under G.L. c. 276, § 100C Buy FormExhibit 5E
- Sample Petitioner Affidavits Buy FormExhibit 5F
- Motion to Reconsider Buy FormExhibit 5G
- Memorandum in Support of Motion to Reconsider Buy FormChapter 6 expandRecord Sealing at the End of a Criminal Case
Buy ChapterExhibit 6A
- Affidavit in Support of Petition to Seal Buy FormExhibit 6B
- Greater Boston Legal Services Pro Se CORI Affidavit Form Buy FormExhibit 6C
- Motion to Seal a Not Guilty Finding (Must Be Accompanied by Petition Form) Buy FormExhibit 6D
- Motion to Seal at Time of Dismissal (Must Be Accompanied by Petition Form) Buy FormExhibit 6E
- Model Motion: Nolle Prosequi Buy FormExhibit 6F
- Findings and Order Allowing Motion to Seal Record Buy FormExhibit 6G
- Section 100C Sealing Petition Buy FormExhibit 6H
- Sample Filled-Out Section 100C Sealing Petition Buy FormChapter 7 expandHow to Expunge Criminal and Juvenile Court Cases
Buy ChapterExhibit 7A
- G.L. c. 276, §§ 100F–100H Petition Buy FormExhibit 7B
- Petition for Expungement of Marijuana Offenses Buy FormExhibit 7C
- G.L. c. 276, § 100F Model Petition Buy FormExhibit 7D
- G.L. c. 276, § 100G Model Petition Buy FormExhibit 7E
- Sample Affidavit in Support of Expungement Buy FormChapter 8 expandSealing Juvenile Records
Buy ChapterChapter 9 expandEmployer-Related CORI Violations: How to Avoid Them—How to Remedy Them
Buy ChapterChecklist 9.1
- Actions Required Before Questioning or Taking an Adverse Action Based on Criminal History Information Buy FormExhibit 9A
- Boston Ordinance Regarding CORI Buy FormExhibit 9B
- Cambridge Ordinance Regarding CORI Buy FormExhibit 9C
- Worcester Ordinance Regarding CORI Buy FormExhibit 9D
- CORI Acknowledgment Form Buy FormExhibit 9E
- CORI CRA Acknowledgment Form Buy FormExhibit 9F
- Instructions on Correcting CORI Buy FormChapter 10 expandMotor Vehicle Issues Related to Drug, OUI, and Other Criminal Cases
Buy ChapterExhibit 10A
- Request for Driving History Buy FormExhibit 10B
- Public Driving Record Request Form Buy FormExhibit 10C
- Request for Personal Information in RMV Records Buy FormExhibit 10D
- Multiple Offense OUI Hardship License Criteria Buy FormExhibit 10E
- Habitual Traffic Offender Hardship License Criteria Buy FormExhibit 10F
- Drug Offense (94C) Trafficking Hardship License Criteria Buy FormExhibit 10G
- List of OUI Programs Buy FormExhibit 10H
- First Offense (24D) OUI Hardship License Criteria Buy FormChapter 11 expandHow to Assist Tenants Denied Housing Related to CORI
Buy ChapterChapter 12 expandHow CORI Is Used in Domestic Violence and Family Law Matters*
Buy ChapterExhibit 12A
- Sample Motion to Consider CARI Buy Form - Editors & Authors