There has been a surge in legislation across the U.S. with the goal of curtailing employer use of criminal records that bar employment opportunities for ex-offenders. Take for example the new EEOC guidance on the use of arrest and conviction records and the proliferation of “ban-the-box” laws.

With the enactment of the 2010 Massachusetts Criminal Offender Records Information (CORI) Reform bill, employers face a wave of changes in their use and access to criminal records.

Collectively, these changes aim to create more balance between employer’s need to maintain safe and secure workplaces, and the rights of ex-offenders to find work once they have paid their debt to society.

Rationale

CORI reform in effect will help ex-offenders get jobs and integrate into society as long as ex-offenders have stayed out of trouble for at least a decade.

The CORI reform bill has been phased in over time. In November 2010, Massachusetts employers were prohibited from requesting criminal history information on employment applications. In May 2012, employers gained access to criminal records online through an iCORI website. Previously, employer had to request paper-based CORI reports via mail.

Limitations of Criminal Convictions

When accessing CORI reports, employers can view pending cases and convictions for 10 years for felony offenses and five years for misdemeanors. Certain severe crimes such as murder, manslaughter and sex offenses will be accessible longer.

The CORI report will no longer contain sealed charges, or charges that are dismissed, resulted in no findings or resulted in a not-guilty verdict.

Employers should review and update their background screening policy and practices to ensure compliance with the CORI reform.