Massachusetts runs its own criminal record system alongside the federal Fair Credit Reporting Act (FCRA), and the two do not always overlap the way employers expect. Criminal Offender Record Information, generally called CORI, is maintained by the Department of Criminal Justice Information Services (DCJIS) and made available to employers through an online system commonly called iCORI. Before an employer can pull a Massachusetts CORI report, ask about a criminal record, or act on what a background check turns up, several state statutes set specific rules about access, notice, and timing. This guide walks through what those rules actually require.
What Counts as CORI
Massachusetts law defines Criminal Offender Record Information narrowly. Under Massachusetts General Laws Chapter 6, Section 167, CORI covers records compiled by a Massachusetts criminal justice agency that relate to an identifiable person and to the nature or disposition of an arrest, a criminal charge, court proceedings, sentencing, incarceration, or release. Cases dismissed before arraignment generally fall outside the definition, and information about certain juvenile matters is treated differently from adult records. This narrower definition matters because it shapes what shows up (and does not show up) when an employer or a consumer reporting agency pulls a Massachusetts record.
iCORI Access Levels: Standard Versus Required
DCJIS operates iCORI as the registration system that employers, housing providers, and other organizations use to request CORI directly from the state. Access is not one size fits all. Section 172 of Chapter 6 sets out tiered levels of access, and the level an organization qualifies for depends on why it needs the record.
- Full access: Criminal justice agencies, firearms licensing authorities, and the criminal record review board may obtain all CORI, including sealed records, when carrying out their official duties.
- Required access: Organizations that a separate statute, regulation, or accreditation standard obligates to screen for criminal history, such as certain health care, education, or child and elder care settings, may obtain CORI to the extent that requirement calls for, which can include information beyond what standard access provides.
- Standard access: A general employer, housing provider, or volunteer coordinator evaluating an applicant may request CORI for that purpose, but the record returned is limited: felony convictions for ten years following disposition, misdemeanor convictions for five years following disposition, and pending charges. Older convictions and sealed or expunged records are not part of a standard access report.
The table below summarizes the practical difference for a typical employer deciding what to expect from an iCORI request.
| Access level | Who typically qualifies | What the record includes |
|---|---|---|
| Standard | General employers, landlords, volunteer organizations | Felony convictions to 10 years, misdemeanor convictions to 5 years, pending charges |
| Required | Employers bound by a separate statute, regulation, or licensing or accreditation rule to screen applicants | Whatever scope that specific statute or regulation authorizes, which may extend beyond standard limits |
| Full | Criminal justice agencies, firearms licensing authorities, the criminal record review board | All CORI, including sealed records, for official duties only |
An organization that is not sure which category applies to its industry should review the specific statute or licensing rule that governs its hiring, rather than assuming standard access is always sufficient or that required access is automatically available. Registration with iCORI does not, by itself, expand what a requestor is legally entitled to see.
The Right to a Copy and the Written Policy Requirement
Section 171A of Chapter 6 gives applicants a right that many employers overlook: before questioning an applicant about criminal history, the person holding the CORI record (or any criminal history obtained from any source) must give the applicant a copy of it. If the employer later makes a decision adverse to the applicant based on that history, it must again provide a copy of the record it relied on, unless a copy was already given before the questioning took place.
Employers that conduct five or more criminal background investigations a year have an additional obligation under this section. They must maintain a written CORI policy that commits the organization to notify the applicant of a potential adverse decision based on the record, provide the applicant a copy of the record and the policy itself, and explain the process for correcting a criminal record. Failing to provide the required record can expose an employer to an investigation, a hearing, and sanctions.
Ban the Box: What Can Never Be Asked
Massachusetts law also limits what an employer can put on a job application and what it can ask at all. Chapter 151B, Section 4 makes it an unlawful practice for most employers to ask about, or to penalize an applicant for not disclosing, several categories of information, including an arrest or disposition that did not result in a conviction, a first conviction for drunkenness, simple assault, speeding, a minor traffic violation, affray, or disturbance of the peace, a misdemeanor conviction where the conviction or release from incarceration occurred three or more years before the application (unless the person has a more recent conviction within that three year window), and any record that has been sealed or expunged.
A separate subsection, commonly cited as subsection nine and one half, is the state’s ban the box rule. It generally prohibits an employer from requesting criminal history on the initial written job application. Exceptions apply where a federal or state law creates a mandatory or presumptive disqualification for certain offenses, or where the employer is otherwise legally obligated not to hire people with certain convictions. Outside those exceptions, the criminal history question typically has to wait until later in the hiring process, not the first form an applicant fills out.
Sealed Records and the 2018 Reform
Massachusetts made significant changes to its criminal justice and CORI framework through the 2018 Criminal Justice Reform Act, which narrowed the CORI definition, adjusted juvenile record handling, and touched several related statutes. One related change that employers should be aware of concerns record sealing. Under Chapter 276, Section 100A, a person can generally petition to have a misdemeanor record sealed once at least three years have passed since the case closed, and a felony record sealed once at least seven years have passed, provided there is no more recent conviction. A sealed record is not part of a standard CORI report, and an employer that somehow becomes aware of a sealed matter should not treat it as part of the applicant’s disclosable history.
How CORI Interacts With the FCRA
Many Massachusetts employers do not pull CORI directly. Instead, they use a consumer reporting agency to compile a background check report that may include Massachusetts criminal court records alongside other checks. When that happens, the employer is also subject to the federal FCRA in addition to Massachusetts law. The Consumer Financial Protection Bureau explains that specialty consumer reporting agencies compile background information, including employment related history, and employers who request these reports for hiring purposes are using a consumer report under the FCRA.
That means the employer generally needs a standalone disclosure and the applicant’s written authorization before requesting the report. The CFPB also notes that written consent is required before a prospective or current employer can obtain a credit or background report for employment purposes. If the employer intends to take an adverse action based on the report, federal law generally calls for a pre-adverse action notice with a copy of the report and the Summary of Rights, a reasonable opportunity to respond, and a final adverse action notice if the employer proceeds. These federal steps run alongside, not instead of, the Massachusetts CORI notice and copy requirements described above. An employer using both a CORI request and a consumer reporting agency should be prepared to satisfy both sets of obligations, since meeting one does not automatically satisfy the other.
Weighing Criminal History Without Overreacting
Even where an employer has lawfully obtained a criminal record, how it uses that record still matters. The Equal Employment Opportunity Commission’s guidance on arrest and conviction records explains that a blanket policy excluding anyone with a criminal record can raise a Title VII disparate impact concern, because arrest and conviction rates are not evenly distributed across racial and ethnic groups nationally. Employers may generally be able to defend a criminal history policy that is job related and consistent with business necessity, particularly when it considers the nature of the offense, the time that has passed, and the nature of the job, rather than applying an automatic exclusion. Consulting counsel before adopting or applying a criminal history policy is generally the safer route, since the analysis can turn on the specific role and the specific record.
Frequently asked questions
What is CORI in Massachusetts?
CORI stands for Criminal Offender Record Information. It is the set of criminal history records maintained by DCJIS under Massachusetts General Laws Chapter 6, and it is distinct from a private consumer reporting agency’s background check, although the two can overlap.
Do employers need to register with the state to request CORI?
Yes. Employers generally register through the state’s online iCORI system to request records directly from DCJIS, and the level of access granted depends on the purpose and legal basis for the request, as described in Chapter 6, Section 172.
What is the difference between standard and required CORI access?
Standard access is available to general employers, landlords, and volunteer organizations and is limited to recent felony and misdemeanor convictions and pending charges. Required access applies to organizations that a separate statute, regulation, or accreditation rule obligates to screen applicants, and it can extend to information beyond the standard limits.
Can a Massachusetts employer ask about criminal history on a job application?
Generally, no. Chapter 151B, Section 4 prohibits most employers from requesting criminal history on the initial written application, with narrow exceptions where a law creates a mandatory disqualification for certain offenses or otherwise requires the employer not to hire people with certain convictions.
What must an employer do before taking an adverse action based on a CORI report?
Under Section 171A, the employer must provide the applicant a copy of the criminal history record before questioning the applicant about it, and again if it makes an adverse decision based on that history, unless a copy was already provided earlier. Employers running five or more checks a year also need a written CORI policy covering notice, copies, and record correction information.
Does the federal FCRA still apply if an employer uses a background check company instead of CORI directly?
Generally yes. When an employer uses a consumer reporting agency rather than requesting CORI itself, federal FCRA obligations such as disclosure, written authorization, and pre-adverse and adverse action notices typically apply in addition to Massachusetts requirements, not instead of them.
Related Reading
For the broader federal picture, see our guide to ban the box and fair chance hiring laws and the step by step breakdown of the FCRA adverse action process. To learn more about compliant screening options, visit Reveal Background.
This article is general information, not legal advice. Massachusetts CORI and fair chance hiring rules change and can vary by industry, so employers should consult qualified counsel before adopting or applying a criminal history screening policy.
