803 CMR, § 2.05 - Levels of Access to CORI

(1) There shall be three different levels of access to CORI. The level of access to which a requestor is entitled shall depend upon the requestor and whether a statute, regulation, or accreditation requirement authorizes or requires the requestor to obtain a certain level of CORI.

(2) The three levels of CORI access are:

(a) Required Access;

(b) Standard Access; and

(c) Open Access.

(3) Required Access to CORI is available only to requestors that are authorized or required by statute, regulation, or accreditation requirement to obtain CORI.

(a) The level of Required Access granted to a requestor is determined with reference to the language of the statutory, regulatory, or accreditation requirement that mandates obtaining CORI. The four levels of Required Access are as follows:

1. Required 1 Access to CORI includes access to:

a. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

b. all adult misdemeanor convictions and felony convictions;

c. offenses for which the subject was adjudicated as an adult; and

d. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined by M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed.

2. Required 2 Access to CORI includes access to:

a. criminal offenses that did not result in a conviction;

b. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

c. all adult misdemeanor convictions and felony convictions;

d. offenses for which the subject was adjudicated as an adult; and

e. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined by M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed.

3. Required 3 Access to CORI includes access to:

a. all juvenile offenses, including pending charges;

b. criminal offenses that did not result in a conviction;

c. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

d. all adult misdemeanor convictions and felony convictions;

e. offenses for which the subject was adjudicated as an adult; and

f. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined in M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed.

4. Required 4 Access to CORI includes access to:

a. criminal offenses that have been sealed;

b. all juvenile offenses, including pending charges;

c. criminal offenses that did not result in a conviction;

d. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

e. all adult misdemeanor convictions and felony convictions;

f. offenses for which the subject was adjudicated as an adult; and

g. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined in M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison.

(4) Standard Access to CORI is available to employers, volunteer organizations, landlords, property management companies, real estate agents, public housing authorities, and governmental licensing agencies to screen employment applicants, employees, licensing applicants, and housing applicants.

(a) Standard Access to CORI includes access to:

1 all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

2. all misdemeanor convictions for five years following the date of disposition or date of release from incarceration or custody, whichever is later;

3. all felony convictions or findings of not guilty by reason of insanity for ten years following the date of disposition or date of release from incarceration or custody, whichever is later; and

4. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined in M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed, including information relating to such offenses where the subject was adjudicated as an adult.

(b) Where a Standard Access request will return a conviction pursuant to 803 CMR 2.05(4)(a)2. or (4)(a)3., then the CORI provided to the Standard Access requestor will also include all of the subject's adult convictions as well as information relating to any offenses for which the subject was adjudicated as an adult.

(5) Open Access to CORI is Available to All Members of the General Public.

(a) Open Access to CORI includes access to:

1. misdemeanor convictions for one year following the date of disposition or date of release from incarceration or custody, whichever is later;

2. felony convictions or findings of not guilty by reason of insanity for offenses punishable by less than five years, for two years following the date of disposition or date of release from incarceration or custody, whichever is later;

3. felony convictions or findings of not guilty by reason of insanity for offenses punishable by five or more years in state prison, for ten years following the date of disposition or date of release from incarceration or custody, whichever is later; and

4. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined in M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed, including information relating to such offenses where the subject was adjudicated as an adult.

(6) None of the three levels of CORI access shall grant access to information expunged pursuant to court order.

Notes

803 CMR, § 2.05

Amended by Mass Register Issue 1333, eff. 2/24/2017. Amended by Mass Register Issue 1445, eff. 6/11/2021.