Sealing of a CORI Record-Administratively
An individual’s CORI record can be sealed either administratively or through a court petition/filing. This blog will discuss the administrative procedure. A later blog will discuss sealing through a court filing.
What exactly is an individual’s CORI? The acronym CORI stands for Criminal Offender Record Information. An individual’s criminal record or CORI can be viewed by the general public, by employers, housing authorities, or scholastic institutions. The amount of information provided to an individual or entity depends on the requester’s level under certain Massachusetts General Laws. Most employers, landlords, and general public individuals can see any record convictions or open cases. Most cannot see a sealed CORI record.
What does sealing a CORI accomplish?
A sealed CORI does not destroy the record. It simply ensures a new level of confidentiality concerning the record. Once sealed, the record is no longer available to the public at a courthouse. The public would be informed by the courthouse clerks and probation department that no record exists following a successful sealing of a conviction. Law Enforcement would still have access to the sealed record. The general public, including most CORI requesters such as employers and landlords would not have access to a sealed CORI. However, criminal justice agencies, law enforcement agencies, and certain state agencies would still be able to see the sealed record.
Thus, unless expunged, a person has a criminal record for life, although access to the record becomes more limited once sealed.
Administrative Process.
A record can be sealed either administratively with the commission of probation or through a court filing. The administrative process is controlled by statute. There are certain time standards that must be met for an administrative record sealing. The time standards differ concerning misdemeanor offenses compared to felony offenses.
Misdemeanors
-Date of sentence or disposition must have been at least three years prior to filing;
-no other criminal convictions within the three-year period.
Felonies
-Date of sentence or disposition must have been at least seven years prior to filing;
-no other criminal convictions within the seven-year period
Administrative sealing occurs through the office of the commissioner of probation. The process includes filing specific forms and specific supporting documents with the commissioner’s office. There are no provisions within the sealing statute giving the commissioner of probation discretion to deny a petition to seal a criminal record if the case or charge is eligible for sealing through the statutory terms. Therefore, if the time standards are met, your record can and shall be sealed.
Please note that there are certain criminal convictions that are not eligible for administrative or court sealing by statute.
Lake Shore Legal
If you have a misdemeanor or felony charge on your record and wish to discuss sealing of your record, please contact one of our lawyers. Our lawyers can provide you with the guidance and advice necessary to make this administrative process move smoothly. Further, our attorneys can explain if your matter is eligible for administrative processing or if a court petition is needed. Our attorneys will review your specific facts to ensure your matter is eligible for this process. Contact us today. 508-943-7800. Info@lakeshorelegalsolutions.com