What is a "record" and who can see it? (CORI Laws)

My case was dismissed why is it still on my record?

A: Once a person has been arraigned, they have a record and that record will never disappear without a court order.

How can I get my dismissed case removed from my criminal record?

A: The probation department routinely opposes any attempt to remove anything from your record. In limited circumstances, such as the wrong person was listed or misidentified in some way, a court order will accomplish that result. In most cases the best you can hope for is a “sealed record” but that is not always a good thing because it will come back, in certain circumstances, as “sealed” which invites speculation. Contact us to discuss this matter. The best way to prevent problems is to contact us immediately when you suspect the police are interested in you as there are various ways of dismissing cases PRIOR TO ARRAIGNMENT at which time there is no “record” of arraignment.

I was never charged with some of the offenses that appear on my criminal record. Where do I go to dispute this?

A: You need to contact the probation department of the court in which the disputed charges were brought. This means if you are disputing several different charges out of several different courts, you must contact each of the probation departments of the various courts. We can assist you in bringing motions before the court to prove you were not the person charged and ask to have the matter “expunged” from your record. These are court proceedings where you should have an attorney representing you as it is not a simple process. Often it is necessary to go to the police departments themselves and get booking photos to prove that you are not the person listed.

BEWARE OF ALLOWING OTHERS TO USE YOUR INFORMATION TO OBTAIN AN ID ILLEGALLY AS THIS PERSON MAY GET ARRESTED AND BOOKED UNDER YOUR NAME AND IT IS TIME CONSUMING AND EXPENSIVE TO GO BACK AND PROVE IT WAS NOT YOU!

I was never convicted of anything and my criminal record says I was. Where do I go to dispute this?

A: Once again you need to contact the probation department of the court in which the disputed dispositions were noted. This means if you are disputing several different dispositions out of several different courts, you must contact each of the probation departments of the various courts. These also are court proceedings where you should have an attorney representing you as it is not a simple process.

Who gets to see my record and how much do they get to see?

A: That depends on who the requesting party is and the degree of authorization they have to request and receive criminal history information. The general public may request and receive publicly accessible conviction information. In addition, a party may be certified as a criminal justice agency, or as an agency that is statutorily mandated to receive CORI. Furthermore, an agency or individual may be certified to receive information because it has been determined that it is in the public's interest for them to have this information. Degrees of access to CORI are determined by the Board, and may vary from an agency receiving all criminal history information to only conviction information.

REQUEST FOR PUBLICLY ACCESSIBLE MASSACHUSETTS CORI

It is lawful to request the Criminal History Systems Board to provide a copy of another person’s publicly accessible adult conviction record. For
the adult conviction record to be “publicly accessible” the person whose record is requested must have been convicted of a crime punishable by a sentence of five years or more, or has been convicted of any crime and sentenced to any term of imprisonment, and at the time of the request:
1. is serving a sentence of probation or incarceration, or is under the custody of the parole board; or
2. having been convicted of a misdemeanor, has been released from all custody or supervision not more than one year; or
3. having been convicted felony, has been released from all custody or supervision for not more than two years; or
4. having been sentenced to the custody of the department of correction, has finally been discharged therefrom, either having been denied release on parole or having been returned to penal custody for violating parole for not more than three years.

Directions: Please fill this request form out as completely as possible. A non-refundable processing fee of $30.00 is charged for each record requested and must be included with your request(s). Only checks or money orders made payable to the Commonwealth of
Massachusetts will be accepted. A self-addressed, stamped envelope must also be enclosed with your request(s). All requests must be typed. If you are making more than one request, please print this form and fill in the requested identifying information accordingly.

Download the REQUEST FOR PUBLICLY ACCESSIBLE MASSACHUSETTS CORI form.

Please contact us 617-328-6900 or email us at mail@sullivanandsweeney.com.