1. CORI Reform –
Final Regulations,
Impact, and
Analysis
May 31, 2012
© 2012 Verifications, Inc. 1
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2. Presenters
 Mary Poquette, Chief Compliance and Security
Officer
 Caralyn Burnett, Compliance Officer
The information presented herein is for
educational purposes only. It is not legal advice,
either express of implied. Consultation with
qualified legal counsel is recommended for all
matters of employment law.
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3. What Is CORI?
 Massachusetts Criminal Offender Record Information
 Within Massachusetts, refers to:
– All MA criminal record information, regardless of source, and
– The official statewide criminal record repository; oversight by
Department of Criminal Justice Information Services (DCJIS)
 CORI Reform
– Effective 11/04/2010, Ban the Box
– Effective 05/04/2012, iCORI
– 803 CMR 2.00 and 11.00
 Final Regulations Issued May 29, 2012
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4. What Is iCORI?
 Newly Introduced DCJIS Web-based Service to access
CORI statewide criminal record information
 Provides Three Levels* of Access to CORI
– Required, Levels 1 – 4
• Most comprehensive information; level 4 greatest amount
• Available to employers that are required by law, regulation,
accreditation to check CORI at statewide level
– Standard
• Comprehensive information
• Available to employers
– Open
• Limited information
• Available to general public
* Also Personal Level
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5. iCORI Access Level Summary
Most Employers
 Standard Access ($25 fee*) Will Have “Standard
– Murder, manslaughter, or sex offense convictions Access”
– 5 years** of misdemeanor convictions
– 10 years** of felony convictions
– Pending offenses
 Required Access 1 – 4; Higher Number Increases Information Provided
($25 fee)
– Required 1 provides all adult/youthful convictions & pending offenses
– Required 2 adds non-convictions
– Required 3 adds juvenile offenses
– Required 4 adds sealed cases
* Must use MA e-Pay System
** From disposition date or incarceration release
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6. iCORI Access Level Summary (continued)
 Open ($50 fee*)
– Provides
• Murder, manslaughter, or sex offense convictions
• 1 year** of misdemeanor convictions
• 2 years** of felony convictions
• 10 years** of felony convictions where felony is punishable by 5 or more
years in state prison
– Does Not Provide
• Non-convictions
• Pending offenses
• Misdemeanor convictions older than 1 year**
• Felony convictions older than 2 years**
• Sealed, juvenile, civil, non-incarcerable cases
* Must use MA e-Pay System
** From disposition date or incarceration release
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7. New Requirements for Employers Using iCORI
 Employer Preparatory Actions
– Register to Create Account
– Register Annually with State
– Designated Person Completes Annual Training (web based)
– Authorize CRA to Process (if applicable)
 Process for Conducting iCORI Checks
– Applicant must complete “Acknowledgement Form” and
“Subject Information”
– Employer must review government-issued ID documents and
sign off (can be done by notary for remote applicants)
– Retain Acknowledgement Forms/Subject Information for 1 year
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8. Does not
eliminate need
for FCRA
disclosure and
authorization
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9. Collects information
which may be viewed as
potentially discriminatory
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10. Uses Same “Subject
Information” Page
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11. New Requirements for Employers Using CORI
 Using iCORI Results
– Must provide copy of CORI and source of information before discussing
with applicant
 If adverse action is considered, provide to applicant:
– Criminal record information
– Employer’s CORI policy
– How to correct record (provided by State)
 Dissemination and Storage
– Treat CORI information as confidential; limit access
– Maintain secondary dissemination log
– Store securely (locked cabinets, encrypted electronic storage, no
cloud storage)
 Creates “Safe Harbor”
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12. New Requirements for All Employers
(Conducting 5 or more criminal checks in MA annually, regardless of source)
 Written CORI Policy (Sample Provided by State)
• Conducting CORI Screening / Acknowledgement Form
• Access to CORI / Confidentiality and need to know
• CORI Training / Informed Review Based on CORI laws/regulations
• Use of Criminal History in Background Screening / No automatic
disqualifications
• Verifying a Subject’s Identity / Compare CORI record and
Acknowledgment Form for match
• Inquiring about Criminal History / Provide CORI information and source
before inquiry
• Determining Suitability / EEOC-like considerations
• Adverse Decision Based on CORI / Opportunity to dispute
• Secondary Dissemination Logs / Forwarding outside of organization
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13. Verifications’ Solutions
 Process iCORI Searches on Client’s Behalf
– Attestations Required from Client
 Process Adverse Action upon Client Request
– Include Copy of Client’s CORI Policy
– Include Copy of How to Correct CORI information
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14. Should Employers Use iCORI?
 Requirements
 Choice Made by each Company/Organization
 Use of Other Statewide Repositories
 Compare Processing Burden to Benefit Derived
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15. Compliance Corner
http://www.mass.gov/eopss/agencies/dcjis/
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16. Questions?
compliance@verificationsinc.com
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17. Massachusetts CORI Reform
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