Product Description

Recent updates:

• 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

Table of Contents

Part 0 expand

Drafting a Plain Language Jury Instruction

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Chart

- Required Jury Instructions Buy Form

Part 1 expand

Instructions Before and During Trial

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 1.100

- Impaneling the Jury Buy Form

Instruction 1.105

- COVID-19 Supplemental Impanelment Instruction Buy Form

Instruction 1.120

- Preliminary Instruction to Jury Before Trial Buy Form

Instruction 1.130

- Discussion Prohibited Buy Form

Instruction 1.140

- Alternate Preliminary Instruction to Jury Before Trial Buy Form

Instruction 1.160

- Notetaking by Jurors Buy Form

Instruction 1.180

- Questions to Witnesses from Jurors Buy Form

Instruction 1.200

- Recordation of Proceedings Buy Form

Instruction 1.220

- Lengthy Bench or Lobby Conferences Buy Form

Instruction 1.240

- Separation of the Jury Buy Form

Instruction 1.260

- Extraneous Publicity Buy Form

Instruction 1.270

- Use of an Interpreter Buy Form

Instruction 1.275

- Interpreter Assistance for a Deaf Juror Buy Form

Instruction 1.280

- Before a View Buy Form

Instruction 1.300

- Multiple Defendants; Evidence Admitted Against One Defendant Only Buy Form

Instruction 1.320

- Withdrawn Case Against Codefendant; Withdrawn Charges Against Defendant; Defendant’s Absence Midtrial Buy Form

Instruction 1.340

- Preliminary Identification Buy Form

Part 2 expand

General Instructions

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 2.100

- Function of the Judge Buy Form

Instruction 2.120

- Function of the Jury; What is Evidence; Credibility of Witnesses Buy Form

Instruction 2.140

- Function of Counsel Buy Form

Instruction 2.160

- Presumption of Innocence; Burden of Proof; Unanimity Buy Form

Instruction 2.180

- Reasonable Doubt Buy Form

Instruction 2.220

- What Is Evidence; Stipulations; Judicial Notice Buy Form

Instruction 2.240

- Direct and Circumstantial Evidence Buy Form

Instruction 2.260

- Credibility of Witnesses Buy Form

Instruction 2.280

- Lesser Included Offenses Buy Form

Instruction 2.300

- Multiple Charges Buy Form

Instruction 2.320

- Multiple Incidents or Theories in One Count (Specific Unanimity) Buy Form

Instruction 2.340

- Joint Representation Buy Form

Instruction 2.360

- Reprimand of Counsel Buy Form

Instruction 2.380

- Pro Se Defendant; Discharge of Counsel Buy Form

Instruction 2.400

- Announced Witness Does Not Testify Buy Form

Instruction 2.420

- Reducing and Sending Out the Jury Buy Form

Instruction 2.440

- Before and After Supplemental Instructions Buy Form

Instruction 2.460

- When Jurors Cannot Agree Buy Form

Instruction 2.480

- Seating of Alternate Juror Buy Form

Instruction 2.500

- Taking the Verdict and Discharging the Jury Buy Form

Instruction 2.520

- Imposing Sentence Buy Form

Instruction 2.521

- Chart of Potential Money Assessments Buy Form

Instruction 2.540

- Subsequent Offense Buy Form

Instruction 2.541

- One-Prior-Offense Verdict Slip Buy Form

Instruction 2.542

- Several-Prior-Offenses Verdict Slip Buy Form

Part 3.1 expand

Definitions and Proof

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 3.100

- Inferences Buy Form

Instruction 3.120

- Intent Buy Form

Instruction 3.140

- Knowledge Buy Form

Instruction 3.160

- License or Authority Buy Form

Instruction 3.180

- Negligence Buy Form

Instruction 3.200

- Operation of a Motor Vehicle Buy Form

Instruction 3.210

- Motor Vehicle Buy Form

Instruction 3.220

- Possession Buy Form

Instruction 3.230

- Transferred Intent Buy Form

Instruction 3.240

- Presumption Buy Form

Instruction 3.260

- Prima Facie Evidence Buy Form

Instruction 3.280

- Public Way Buy Form

Part 3.2 expand

Evaluation of Evidence

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 3.500

- Absent Witness Buy Form

Instruction 3.520

- Admission by Silence Buy Form

Instruction 3.540

- Child Witness Buy Form

Instruction 3.560

- Confessions and Admissions (Humane Practice) Buy Form

Instruction 3.570

- Evidence with Redacted Material Buy Form

Instruction 3.580

- Consciousness of Guilt Buy Form

Instruction 3.600

- Defendant Does Not Testify Buy Form

Instruction 3.610

- Authentication of Digital Evidence Buy Form

Instruction 3.620

- Excluded Question; Stricken Evidence Buy Form

Instruction 3.640

- Expert Witness Buy Form

Instruction 3.660

- First Complaint Buy Form

Instruction 3.680

- Impeachment by Prior Conviction of a Crime Buy Form

Instruction 3.700

- Impeachment by Prior Inconsistent Statement; Rehabilitation by Prior Consistent Statement Buy Form

Instruction 3.720

- Mug Shots Buy Form

Instruction 3.740

- Omissions in Police Investigations Buy Form

Instruction 3.760

- Other Bad Acts by Defendant Buy Form

Instruction 3.780

- Prior Trial Buy Form

Instruction 3.800

- Reputation of Defendant Buy Form

Instruction 3.820

- Unrecorded Custodial Interrogation Buy Form

Instruction 3.840

- Consideration of Business Records Buy Form

Part 4 expand

General Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 4.100

- Accessory Before the Fact Buy Form

Instruction 4.120

- Attempt Buy Form

Instruction 4.140

- Compounding or Concealing a Felony Buy Form

Instruction 4.160

- Conspiracy Buy Form

Instruction 4.180

- Corporate Criminal Responsibility Buy Form

Instruction 4.200

- Aiding and Abetting Buy Form

Part 5 expand

Motor Vehicle & OUI Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 5.100

- Attaching Wrong Plates to Conceal Identity Buy Form

Instruction 5.120

- False Statement in License Application Buy Form

Instruction 5.140

- Homicide by a Motor Vehicle (Felony) Buy Form

Instruction 5.160

- Homicide by a Motor Vehicle (Misdemeanor) Buy Form

Instruction 5.180

- Leaving the Scene of an Accident Involving Property Damage Buy Form

Instruction 5.190

- Leaving the Scene of an Accident Involving Personal Injury Not Resulting in Death Buy Form

Instruction 5.200

- Operating After Suspension or Revocation of License Buy Form

Instruction 5.220

- Operating an Uninsured Motor Vehicle Buy Form

Instruction 5.240

- Operating Negligently So As to Endanger Buy Form

Instruction 5.260

- Operating Recklessly Buy Form

Instruction 5.300

- Operating with a Blood Alcohol Level of .08% or Greater Buy Form

Instruction 5.301

- Verdict Slip - Operating with a Blood Alcohol Level of .08% or Greater Buy Form

Instruction 5.305

- Endangering a Child While Operating with a Blood Alcohol Level of .08% or Greater Buy Form

Instruction 5.310

- Operating Under the Influence of Intoxicating Liquor Buy Form

Instruction 5.311

- Verdict Slip - Operating Under the Influence of Intoxicating Liquor Buy Form

Instruction 5.315

- Endangering a Child While Under the Influence of Intoxicating Liquor Buy Form

Instruction 5.400

- Operating Under the Influence of Drugs Buy Form

Instruction 5.500

- Operating Under the Influence Causing Serious Injury Buy Form

Instruction 5.501

- Verdict Slip - Operating Under the Influence Causing Serious Injury Buy Form

Instruction 5.520

- Failure to Have Ignition Interlock Device Buy Form

Instruction 5.530

- Disabling an Ignition Interlock Device Buy Form

Instruction 5.600

- Operating Without Being Licensed Buy Form

Instruction 5.620

- Refusal to Obey Police Officer Buy Form

Instruction 5.640

- Road Racing Buy Form

Instruction 5.660

- Use of Vehicle Without Authority Buy Form

Instruction 5.700

- Operating a Boat with a Blood Alcohol Level of 0.08% or Greater Buy Form

Instruction 5.710

- Operating a Boat Under the Influence of Intoxicating Liquor Buy Form

Part 6.1 expand

Offenses Against the Person

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 6.100

- Affray Buy Form

Instruction 6.120

- Assault Buy Form

Instruction 6.121

- Verdict Slip - Assault Buy Form

Instruction 6.140

- Assault and Battery Buy Form

Instruction 6.160

- Assault and Battery Causing Serious Injury Buy Form

Instruction 6.180

- Assault and Battery on a Person Protected by an Abuse Prevention Order Buy Form

Instruction 6.200

- Assault and Battery on a Pregnant Woman Buy Form

Instruction 6.205

- Battery to Intimidate Another Based on Bias Buy Form

Instruction 6.210

- Assault and Battery on a Police Officer or Public Employee Buy Form

Instruction 6.220

- Assault and Battery on a Child Under 14 Causing Bodily Injury Buy Form

Instruction 6.230

- Wantonly or Recklessly Permitting Bodily Injury to a Child Under 14 Buy Form

Instruction 6.240

- Wantonly or Recklessly Permitting Another to Commit an Assault and Battery on a Child Under 14 Causing Bodily Injury Buy Form

Instruction 6.250

- Wantonly or Recklessly Permitting Substantial Bodily Injury to a Child Under 14 Buy Form

Instruction 6.260

- Wantonly or Recklessly Permitting Another to Commit an Assault and Battery on a Child Under 14 Causing Substantial Bodily Injury Buy Form

Instruction 6.270

- Assault on Family or Household Member Buy Form

Instruction 6.275

- Assault and Battery on Family or Household Member Buy Form

Instruction 6.280

- Assault and Battery on an Elder or Disabled Person Buy Form

Instruction 6.281

- Assault and Battery on an Elder or Disabled Person Causing Bodily Injury Buy Form

Instruction 6.282

- Assault and Battery on an Elder or Disabled Person Causing Serious Bodily Injury Buy Form

Instruction 6.290

- Caretaker Who Wantonly or Recklessly Permits (Serious) Bodily Injury to an Elder or Disabled Person (Dec 2019) Buy Form

Instruction 6.295

- Caretaker Who Wantonly or Recklessly Abused, Neglected or Mistreated an Elder or Disabled Person Buy Form

Instruction 6.300

- Assault and Battery by Means of a Dangerous Weapon Buy Form

Instruction 6.301

- Verdict Slip - Assault and Battery by Means of a Dangerous Weapon Buy Form

Instruction 6.320

- ABDW Causing Serious Injury Buy Form

Instruction 6.340

- ABDW on a Child Under 14 Buy Form

Instruction 6.360

- ABDW on a Person Protected by an Abuse Prevention Order Buy Form

Instruction 6.380

- ABDW on a Pregnant Woman Buy Form

Instruction 6.390

- Suffocation Buy Form

Instruction 6.395

- Strangulation Buy Form

Instruction 6.400

- Custodial Interference by Relative Buy Form

Instruction 6.500

- Indecent Assault and Battery Buy Form

Instruction 6.520

- Indecent Assault and Battery on a Child Under Fourteen Buy Form

Instruction 6.530

- Secretly Photographing or Videotaping a Nude or Partially Nude Person Buy Form

Instruction 6.535

- Secretly Photographing, Videotaping, or Electronically Surveilling a Person’s Intimate Parts Under or Around Clothing Buy Form

Instruction 6.540

- Reckless Endangerment of a Child Under 18 Buy Form

Instruction 6.560

- Enticing a Child Under 16 Buy Form

Instruction 6.570

- Kidnapping Buy Form

Instruction 6.575

- Kidnapping by Trickery or Deceit (Inveigle) Buy Form

Part 6.2 expand

Abuse-Related Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 6.600

- Annoying and Accosting Persons Buy Form

Instruction 6.620

- Civil Rights Violations Buy Form

Instruction 6.640

- Criminal Harassment Buy Form

Instruction 6.660

- Harassing or Obscene Telephone Calls Buy Form

Instruction 6.680

- Stalking Buy Form

Instruction 6.700

- Threat to Commit Crime Buy Form

Instruction 6.720

- Violation of an Abuse Prevention Order Buy Form

Instruction 6.740

- Violation of a Harassment Prevention Order Buy Form

Part 7.1 expand

Public Order Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 7.100

- Bail Jumping Buy Form

Instruction 7.120

- Common Nightwalker Buy Form

Instruction 7.140

- Deriving Support from Earnings of a Prostitute Buy Form

Instruction 7.160

- Disorderly Conduct Buy Form

Instruction 7.180

- Disseminating Obscene Matter; Possession with Intent to Disseminate Obscene Matter Buy Form

Instruction 7.200

- Disturbing the Peace Buy Form

Instruction 7.210

- Wilful Interference with a Fire Fighting Operation Buy Form

Instruction 7.220

- Escape Buy Form

Instruction 7.240

- Failing to Register as a Sex Offender Buy Form

Instruction 7.260

- False Report of a Crime Buy Form

Instruction 7.270

- Cruelty to Animals Buy Form

Instruction 7.280

- Fighting Animals Buy Form

Instruction 7.300

- Giving False Name upon Arrest Buy Form

Instruction 7.320

- Illegal Lottery Buy Form

Instruction 7.340

- Indecent Exposure Buy Form

Instruction 7.360

- Intimidating a Witness, Juror, Court Official or Law Enforcement Officer Buy Form

Instruction 7.365

- Intentionally Misleading Investigator in a Criminal Investigation Buy Form

Instruction 7.370

- Interfering with a Police Officer Buy Form

Instruction 7.380

- Lewd, Wanton and Lascivious Act Buy Form

Instruction 7.400

- Open and Gross Lewdness and Lascivious Behavior Buy Form

Instruction 7.410

- Furnishing Alcohol to a Minor Buy Form

Instruction 7.420

- Possession of Fireworks Buy Form

Instruction 7.440

- Registering Bets Buy Form

Instruction 7.460

- Resisting Arrest Buy Form

Instruction 7.480

- Sexual Conduct for a Fee Buy Form

Instruction 7.500

- Unnatural and Lascivious Act Buy Form

Instruction 7.520

- Use of Telephone for Betting Buy Form

Instruction 7.540

- Possession of Child Pornography Buy Form

Part 7.2 expand

Firearms and Weapons Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 7.600

- Carrying a Firearm Buy Form

Instruction 7.620

- Possession of a Firearm Buy Form

Instruction 7.625

- Possession of Ammunition Buy Form

Instruction 7.630

- Improper Storage of a Firearm Buy Form

Instruction 7.640

- Defacing Firearm Serial Number; Receiving a Firearm with a Defaced Serial Number Buy Form

Instruction 7.660

- Possession of Firearm with Defaced Serial Number during Felony Buy Form

Instruction 7.670

- Carrying a Loaded Firearm While Under the Influence Buy Form

Instruction 7.680

- Carrying Certain Dangerous Weapons Buy Form

Instruction 7.700

- Carrying a Dangerous Weapon When Arrested Buy Form

Part 7.3 expand

Drug Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 7.800

- Distribution of a Controlled Substance; Possession with Intent to Distribute a Controlled Substance Buy Form

Instruction 7.810

- Unlawfully Distributing Marijuana Buy Form

Instruction 7.815

- Unlawfully Furnishing Marijuana to a Person Under 21 Buy Form

Instruction 7.820

- Possession of a Controlled Substance Buy Form

Instruction 7.825

- Possession of Marijuana Buy Form

Instruction 7.830

- Possession with Intent to Distribute a Controlled Substance Other than Marijuana Buy Form

Instruction 7.835

- Possession with Intent to Distribute Marijuana Buy Form

Instruction 7.840

- Sale of Drug Paraphernalia; Possession with Intent to Sell Drug Paraphernalia Buy Form

Instruction 7.841

- Definition of “Drug Paraphernalia” Buy Form

Instruction 7.860

- School Zone Drug Violation Buy Form

Instruction 7.870

- Park Zone Drug Violation Buy Form

Instruction 7.900

- Conspiracy to Violate the Drug Laws Buy Form

Part 8.1 expand

Property Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 8.100

- Breaking and Entering Buy Form

Instruction 8.120

- Burning Insured Property Buy Form

Instruction 8.140

- Burning Personal Property, Motor Vehicle, etc. Buy Form

Instruction 8.160

- Forgery Buy Form

Instruction 8.180

- Possession of Burglarious Tools Buy Form

Instruction 8.200

- Theft, Purchase, Receipt, Possession or Concealment of Stolen Motor Vehicle; Malicious Damage to Motor Vehicle; Stealing Parts from Motor Vehicle Taken Without Authority; Concealing Motor Vehicle Thief Buy Form

Instruction 8.220

- Trespass Buy Form

Instruction 8.240

- Uttering Buy Form

Instruction 8.250

- Vandalism Buy Form

Instruction 8.260

- Wanton Destruction of Property Buy Form

Instruction 8.280

- Wilful and Malicious Destruction of Property Buy Form

Instruction 8.300

- Wilful or Wanton Destruction of House of Worship, Cemetery or School Buy Form

Part 8.2 expand

Larceny Offenses

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 8.400

- Fraudulent Insurance Claim Buy Form

Instruction 8.420

- Identity Fraud by Posing as Another Buy Form

Instruction 8.440

- Identity Fraud by Obtaining Personal Information Buy Form

Instruction 8.460

- Larceny by Check Buy Form

Instruction 8.480

- Larceny by Embezzlement Buy Form

Instruction 8.500

- Larceny by False Pretenses Buy Form

Instruction 8.520

- Larceny by Stealing Buy Form

Instruction 8.521

- Verdict Slip - Larceny by Stealing Buy Form

Instruction 8.540

- Larceny by Stealing in a Building Buy Form

Instruction 8.560

- Larceny from the Person Buy Form

Instruction 8.580

- Larceny of Leased or Rented Personal Property Buy Form

Instruction 8.600

- Receiving Stolen Property Buy Form

Instruction 8.620

- Shoplifting Buy Form

Instruction 8.640

- Unauthorized Transfer of Sound Recordings Buy Form

Part 9 expand

Defense and Justification

Buy Chapter

Committee on Criminal Proceedings, Trial Court/District Court Department, Commonwealth of Massachusetts

Instruction 9.100

- Accident Buy Form

Instruction 9.120

- Alibi Buy Form

Instruction 9.140

- Entrapment Buy Form

Instruction 9.160

- Identification Buy Form

Instruction 9.180

- Intoxication with Alcohol or Drugs Buy Form

Instruction 9.200

- Lack of Criminal Responsibility Buy Form

Instruction 9.220

- Mental Impairment Short of Insanity Buy Form

Instruction 9.230

- Duress Buy Form

Instruction 9.240

- Necessity Buy Form

Instruction 9.250

- Parental Discipline Buy Form

Instruction 9.260

- Self-Defense; Defense of Another; Defense of Property Buy Form

Author(s)