DCJIS MODEL CORI POLICY
This policy is applicable to the criminal history screening of prospective and
current employees, subcontractors, volunteers and interns, professional licensing
applicants, and applicants for the rental or leasing of housing.
Where Criminal Offender Record Information (CORI) and other criminal history
checks may be part of a general background check for employment, volunteer
work, licensing purposes, or the rental or leasing of housing, the following
practices and procedures will be followed.
I. CONDUCTING CORI SCREENING
CORI checks will only be conducted as authorized by the DCJIS and MGL c. 6, §.
172, and only after a CORI Acknowledgement Form has been completed.
With the exception of screening for the rental or leasing of housing, if a new CORI
check is to be made on a subject within a year of his/her signing of the CORI
Acknowledgement Form, the subject shall be given seventy two (72) hours notice
that a new CORI check will be conducted.
If a requestor is screening for the rental or leasing of housing, a CORI
Acknowledgement Form shall be completed for each and every subsequent CORI
check.
II. ACCESS TO CORI
All CORI obtained from the DCJIS is confidential, and access to the information
must be limited to those individuals who have a “need to know”. This may
include, but not be limited to, hiring managers, staff submitting the CORI
requests, and staff charged with processing job applications. (Requestor
Organization Name) must maintain and keep a current list of each individual
authorized to have access to, or view, CORI. This list must be updated every six
(6) months and is subject to inspection upon request by the DCJIS at any time.
III. CORI TRAINING
An informed review of a criminal record requires training. Accordingly, all
personnel authorized to review or access CORI at (Requestor Organization Name)
will review, and will be thoroughly familiar with, the educational and relevant
training materials regarding CORI laws and regulations made available by the
DCJIS.
Additionally, if (Requestor Organization Name) is an agency required by MGL c. 6,
s. 171A, to maintain a CORI Policy, all personnel authorized to conduct criminal
history background checks and/or to review CORI information will review, and will
be thoroughly familiar with, the educational and relevant training materials
regarding CORI laws and regulations made available by the DCJIS.
IV. USE OF CRIMINAL HISTORY IN BACKGROUND SCREENING
CORI used for employment purposes shall only be accessed for applicants who are
otherwise qualified for the position for which they have applied.
Unless otherwise provided by law, a criminal record will not automatically
disqualify an applicant. Rather, determinations of suitability based on background
checks will be made consistent with this policy and any applicable law or
regulations.
V. VERIFYING A SUBJECT’S IDENTITY
If a criminal record is received from the DCJIS, the information is to be closely
compared with the information on the CORI Acknowledgement Form and any
other identifying information provided by the applicant to ensure the record
belongs to the applicant.
If the information in the CORI record provided does not exactly match the
identification information provided by the applicant, a determination is to be
made by an individual authorized to make such determinations based on a
comparison of the CORI record and documents provided by the applicant.
VI. INQUIRING ABOUT CRIMINAL HISTORY
In connection with any decision regarding employment, volunteer opportunities,
housing, or professional licensing, the subject shall be provided with a copy of the
criminal history record, whether obtained from the DCJIS or from any other
source, prior to questioning the subject about his or her criminal history. The
source(s) of the criminal history record is also to be disclosed to the subject.
VII. DETERMINING SUITABILITY
If a determination is made, based on the information as provided in section V of
this policy, that the criminal record belongs to the subject, and the subject does
not dispute the record’s accuracy, , then the determination of suitability for the
position or license will be made. Unless otherwise provided by law, factors
considered in determining suitability may include, but not be limited to, the
following:
(a) Relevance of the record to the position sought;
(b) The nature of the work to be performed;
(c) Time since the conviction;
(d) Age of the candidate at the time of the offense;
(e) Seriousness and specific circumstances of the offense;
(f) The number of offenses;
(g) Whether the applicant has pending charges;
(h) Any relevant evidence of rehabilitation or lack thereof; and
(i) Any other relevant information, including information submitted by the
candidate or requested by the organization.
The applicant is to be notified of the decision and the basis for it in a timely
manner.
VIII. ADVERSE DECISIONS BASED ON CORI
If an authorized official is inclined to make an adverse decision based on the
results of a criminal history background check, the applicant will be notified
immediately. The subject shall be provided with a copy of the organization's CORI
policy and a copy of the criminal history. The source(s) of the criminal history will
also be revealed. The subject will then be provided with an opportunity to
dispute the accuracy of the CORI record. Subjects shall also be provided a copy of
DCJIS’ Information Concerning the Process for Correcting a Criminal Record.
IX. SECONDARY DISSEMINATION LOGS
All CORI obtained from the DCJIS is confidential and can only be disseminated as
authorized by law and regulation. A central secondary dissemination log shall be
used to record any dissemination of CORI outside this organization, including
dissemination at the request of the subject.