In Massachusetts, a criminal history includes records of arrests, court appearances, convictions, and any other interactions someone has had with the criminal justice system. These records can impact many aspects of a person’s life, from employment and housing opportunities to their ability to volunteer or adopt a child.
Understanding who can access your Massachusetts criminal history is essential, whether you’re an employer conducting background checks, a landlord screening potential tenants, or an individual seeking to understand or clear your own record.
This article will guide you through the process of accessing and understanding your criminal record in Massachusetts, as well as explain the options available for sealing or expunging certain offenses, offering a fresh start for those eligible.
Understanding Massachusetts Criminal Court Records
If you’re trying to access someone’s criminal history in Massachusetts, it’s helpful to understand what criminal court records are and how the court system is structured.
What are Massachusetts Criminal Court Records?
Criminal court records are the official documentation of court cases. These records include all the filings, transcripts, judgments, and other materials related to a criminal proceeding within the Massachusetts court system.
It’s important that these records are accurate and complete because they’re used for background checks, legal proceedings, and other official purposes.
The Massachusetts Court System: A Hierarchy
The Massachusetts court system is structured like a pyramid, with the Supreme Judicial Court at the top. Below that are the Appeals Court, Superior Court, District Court, Boston Municipal Court, Juvenile Court, and Probate and Family Court.
Each of these courts has jurisdiction over certain types of cases, so it’s important to know which court handled the case you’re researching. The location of the court case determines where the record is maintained, so knowing which court to contact is crucial to the process.
Accessing Criminal Court Records: Public vs. Restricted Information
In Massachusetts, the general rule is that court records are available to the public. However, that access isn’t absolute, and some records are restricted to protect privacy or due to legal requirements.
Public Accessibility: What is Available?
Typically, you can access docket information, case summaries, and certain court filings related to criminal cases. This allows you to track the progress of a case and understand the basic details.
You can often access these records through the iCORI platform or by submitting a written request to the court. There’s usually a fee involved, around $25, but you may be able to get the fee waived if you meet certain criteria.
Limitations on Access: Confidentiality and Sealed Records
Certain types of records are not available to the public. These include juvenile records, which are protected to safeguard the privacy of minors, and sealed records, which have been restricted by court order.
Records can be sealed for various reasons, such as expungement, sealing orders issued by a judge, or specific provisions in Massachusetts law. This ensures that sensitive information remains private.
Even when records are sealed, certain entities can still access them. Law enforcement agencies, authorized government bodies, and individuals with a court order can gain access to sealed records when necessary.
How to get ahold of criminal court records
If you need to access someone’s criminal court record in Massachusetts, here are the basic procedures you’ll follow:
In-person requests
First, you’ll need to find out which court heard the case you’re interested in. Then, you’ll need to gather the required information, including the person’s name, the case number (if you know it), and date of birth (if you know it). You’ll also need to bring a valid photo ID.
At the courthouse, go to the clerk’s office, fill out the request form, and pay any fees that apply.
Mail requests
If you can’t make it to the courthouse, you can send a written request. Include as much information as you can about the case, along with your contact information and a clear statement of exactly which records you want. Enclose a check or money order to cover any fees, plus a copy of your photo ID and a self-addressed stamped envelope so the clerk can mail the records back to you. Make sure you send the request to the court clerk for the correct court.
Online access
You can find some criminal court records online through official resources like Mass.gov and MassCourts.org. You can search by name, case number, or other criteria.
Keep in mind that not all records are available online, so you may need to request the information in person or by mail to get the full story. You may also encounter third-party websites that promise to provide criminal records, but be cautious about using these, since there’s no guarantee that the information is accurate or complete.
Understanding CORI and Background Checks
In Massachusetts, a background check often involves looking at your CORI, or Criminal Offender Record Information. This includes records of your arrests and convictions, along with other information the criminal justice system keeps on file. Employers, landlords, and other organizations may use CORI reports when they’re considering you as an employee or tenant.
Who Uses CORI Checks and Why?
Here are some of the people and organizations that might ask to see your CORI:
- Employers: Especially employers in sensitive fields, like childcare or eldercare, use CORI checks to screen potential employees.
- Landlords: Landlords use CORI checks to assess potential tenants.
- Volunteer organizations: Organizations that work with children or other vulnerable populations use CORI checks to ensure safety.
For example, Massachusetts General Hospital has a CORI policy for all of its employees, volunteers, and contractors.
Your Rights as an Applicant
You have rights when someone wants to check your CORI. You have to be told that a CORI check will be performed, and you have to give your consent. You also have the right to see your CORI report and to challenge any information in it that you think is wrong or incomplete.
If you see something on your CORI report that you want to dispute, you can contact the Massachusetts probation department.
Sealing and Expunging Criminal Records: A Path to a Fresh Start
Having a criminal record can create obstacles when you’re applying for jobs, renting an apartment, or trying to get a loan. Fortunately, Massachusetts law provides a way for you to seal or expunge your criminal record, giving you a chance to move forward.
Sealing vs. Expungement: What’s the Difference?
Although both strategies can help you move on from past mistakes, sealing and expungement are different processes.
- Sealing: When a record is sealed, it’s hidden from the general public. However, law enforcement and some other state agencies can still access it.
- Expungement: Expungement is a much more thorough process. With expungement, the record is permanently destroyed, as if the offense never took place.
Sealing a Criminal Record in Massachusetts
To seal a criminal record in Massachusetts, you’ll need to meet certain requirements, including waiting periods and the type of offense. The process involves filing a Petition to Seal Conviction Records Form with the Massachusetts court system.
Keep in mind that even when a record is sealed, law enforcement and authorized government entities may still be able to access it.
Expunging a Criminal Record in Massachusetts
The requirements for expungement are even more stringent than they are for sealing. Expungement is limited to specific offenses and timeframes. To expunge a felony, you must wait seven years. For a misdemeanor, the waiting period is three years.
To expunge a record, you’ll need to file a Petition to Expunge Form.
If your petition is granted, the record will be permanently destroyed, and you can legally say that the event never occurred.
Resources for Sealing or Expunging Records
Navigating the legal system on your own can be challenging. Here are a few resources that can help you seal or expunge your criminal record:
- Legal aid organizations: These groups provide free or low-cost assistance to people who need legal help.
- Attorneys specializing in CORI and record sealing/expungement: An attorney who specializes in these areas can guide you through the process and represent you in court.
Final Thoughts
Navigating the world of Massachusetts criminal records can feel overwhelming, but understanding your rights and options is crucial. This article has covered the key aspects of accessing your criminal history, understanding what it contains, and exploring the possibilities of sealing or expunging records.
It’s important to remember that accuracy is paramount. Always verify the information you receive and, when possible, seek guidance from a qualified legal professional. An attorney can provide personalized advice and help you navigate the complexities of the legal system.
Ultimately, the goal is to empower individuals to understand and manage their criminal history effectively. By taking proactive steps, you can work towards a brighter future, free from the burdens of past mistakes.