Massachusetts Expands New CORI Reform

The Criminal Offender Record Information (CORI) law was completely revamped by St.2010, c.256, s.2-37. Most substantive changes, such as limits to CORI given to employers and others, are effective in May 2012; restrictions on CORI questions on job applications became effective in November 2010.

Sequence of Events:
CORI Reform Bill was signed into law by Governor Patrick on August 6, 2010. Two effective dates:

• November 4, 2010
• May 25, 2012

NOVEMBER 2010 REFORMS – BAN THE BOX

• Amended the Massachusetts Fair Employment Practices Act – M.G.L. c. 151B
• Prohibits an employer from asking about an applicant’s criminal history on an “initial written application.” (In line with EEOC Guidance.) Includes charges, arrests and convictions
  

MAY 2012 REFORMS – OVERVIEW-5 MAJOR CHANGES

• Information Available on a CORI Report
• Maintaining a CORI Policy
• Must provide with any pre-adverse action or before talking to a candidate
• Requirements for Requesting and Maintaining CORI Records
• Must register for i-Cori

IMPERMISSIBLE INQUIRIES

• Employers are still prohibited–at any time—from asking, either on a written form or in person, about:
  • Arrests that do not result in convictions
  • First convictions for certain misdemeanors (drunkenness, simple assault, speeding, minor traffic violations, affray or disturbance of the peace)
  • Sealed records
  • Prior arrests, court appearances and adjudications related to juvenile offenses
  • Misdemeanor convictions where the conviction or any prison sentence ended five or more years ago – unless the applicant has been convicted of another offense within the last five years.

Click Here for further information on CORI
Click Here for a Link to a Sample CORI Policy