The new Criminal Offender Record Information law (CORI) prohibits employers from asking on an “initial written application form” about an applicant’s “criminal offender record information,” which includes information about criminal charges, arrests, and incarcerations. The term “initial written application" in the new text may allow employers to continue to question applicants about felony and certain misdemeanor convictions later in the process. Moreover, the law does not address classic court docket research conducted by investigators.

Tags: background check, CORI, criminal records, massachusetts

The movement to "reform" CORI by making record sealing easier and restricting public access sounds wonderful. But it ignores the fundamental problem with the database. Those who know public records in Massachusetts understand that CORI--which has never been accessible in full by the public except to those who order their own report--has always been a misleading source of criminal record data. CORI can be difficult to understand and does not contain any case background information. Moreover, it is based on records that have been considered public for decades. A federal judge came close in one case to overturning the CORI law by deeming the information to be essentially computerized records of court dockets, which have traditionally been open public records.

Instead of telling businesses how to hire, we should allow businesses to gather as much information as they deem necessary--many of them routinely make better judgments than elected officials. More to the point: businesses will continue to hire investigators to check public court documents to gather the information they need to run their businesses.

Tags: CORI, criminal records, employment

Reporter Michael Doyle did a nice summary of a year-long study by Tim Reagan and George Cort for the Federal Judicial Center on the practice of sealing federal cases.

Sealing federal records apparently is justified for almost any reason under the sun. Doyle notes the report findings: "There was one (criminal) case sealed because the defendant had a high profile. According to the judge, 'it seemed a good idea at the time.' Another reason for sealing: "A person of influence failed to respect the authority of an officer on federal land." Four civil cases were sealed to protect the reputation of doctors.

Tags: background check, criminal records

The big problem facing HR people is balancing costs with coverage. For example, some firms offer a "statewide criminal check" or even "national criminal check". Often times they are simply checking a database of convictions only -- a small universe of people compared to those who are charged. So if your guy has a record of being charged with sexual assaults against women in the workplace, but somehow pled out to misdemeanors or had the cases dismissed, a statewide convictions database would give you no reason to pause.

By searching the lower district courts for any cases filed, your background due diligence would allow you to find the cases and make your own evaluation. This is especially true in certain states such as Massachusetts, where the lower courts hear some felony cases, assaults, and various other serious crimes.

Tags: massachusetts, background check, criminal records