Massachusetts criminal records are official records of criminal offenses committed by individuals in the Commonwealth. Also called a rap sheet, a criminal record typically details a person's past arrests and criminal convictions. While not all dealings with law enforcement in Massachusetts result in a criminal record, any record held by relevant government agencies of an individual's criminal activity qualifies as a criminal record. For instance, a person who is a suspect in a criminal case investigation will have their name and other personal information on file with the police. Even if they were not charged, the result of a police record check would likely show they were a suspect in a criminal investigation, although as a non-conviction record. When someone is charged with a crime in the Commonwealth, it is documented in their criminal record, even if the person is absolved or the case is dismissed.
A Massachusetts criminal record is also called the Criminal Offender Record Information (CORI). Generally, the Commonwealth has two types of criminal records, namely the CORI reports and arrest records. In addition to a few other responsibilities, the Department of Criminal Justice Information Services (DCJIS) manages and administers the Commonwealth's criminal records systems (CORI reports). On the other hand, arrest records are maintained by the State Identification Section of the Massachusetts State Police (MSP) and the Federal Bureau of Investigation (FBI).
Massachusetts criminal records serve various purposes and are especially used for background checks. For instance, employers in certain industries can check prospective employees' criminal records during the hiring process, although with the permission of the record owners. Similarly, with the consent of record holders, housing providers in Massachusetts can use criminal records for housing purposes. Furthermore, certain agencies in the Commonwealth can access all criminal record data for licensing purposes.
The content of a Massachusetts criminal record depends on the record type.
A typical CORI report contains the following:
On the other hand, a typical Massachusetts arrest record contains information on each time law enforcement has arrested a person, which is usually supported by fingerprints. It does not include any criminal charge initiated through a summons.
While some are not, most criminal records in Massachusetts are considered public records. Per Chapter 6, Section 172 of the state's General Laws, any organization or person can request a public criminal record from the Department of Criminal Justice Information Services (DCJIS). However, the level of information an individual, employer, or law enforcement agency will receive largely depends on their access category as stipulated in the CORI law. This means that the details in CORI reports obtained by different persons or organizations can vary. For instance, while the criminal report obtained by an agency/organization may include all adult non-convictions, convictions, and pending cases, a CORI report acquired by another organization/agency may only include all adult convictions and pending cases.
Massachusetts criminal records, otherwise known as the Criminal Offender Record Information (CORI), can be accessed by mail or online:
The Commonwealth's Department of Criminal Justice Information Services (DCJIS) manages the iCORI Service, a web service that provides access to Massachusetts criminal records. To obtain CORI reports using the iCORI System, launch the iCORI System and register/create an account. Select the "Criminal Record Check Services" tab and follow the on-screen prompts to complete the registration. Existing users can log in immediately. After login, follow the on-screen instructions to complete the request and make the necessary payment. Massachusetts criminal records requested using the iCORI Service are usually ready in less than five minutes.
Another way to access a criminal record in Massachusetts is by submitting a paper request. This is done by completing the Criminal Offender Record Information Personal Request Form and mailing it alongside the proof of applicable fee payment to the DCJIS at:
Massachusetts Department of Criminal Justice Information Services
ATTN: CORI Unit
200 Arlington Street, Suite 2200
Chelsea, MA 02150
A paper request is usually processed within two weeks, after which the DCJIS will mail the report to the address listed on the CORI Request Form. Anyone or entity requesting someone else's criminal record must seek the permission of the record owner, who must properly sign on the appropriate CORI Acknowledgement Form.
In Massachusetts, requesting a criminal record costs $25. Those submitting paper requests can pay by bank-issued treasurer's or cashier's checks or money orders made out to the Commonwealth of Massachusetts. The online system allows requesters to enter payment information when submitting electronic requests for CORI. Persons who cannot afford the $25 CORI request fee must submit an Affidavit of Indigency alongside their CORI Request Form.
In Massachusetts, criminal records can be accessed by submitting a public records request to the Massachusetts State Police (MSP). However, only entities authorized by federal laws, the person named on the record, and law enforcement and criminal justice agencies can access the Commonwealth's arrest records.
Per Chapter 274, Section 1 of the state's General Laws, any crime punishable by imprisonment in the state prison or death is considered a felony in Massachusetts. Generally, a felony is the most serious type of crime and is punishable under criminal law. Regardless of its severity, a conviction of a crime would carry all the possible consequences of a felony conviction once it qualifies as a felony under state law. Although the length of jail time depends on the type and severity of the crime, some felonies are punished by life imprisonment in Massachusetts.
The following are the common types of felony offenses committed in Massachusetts:
These are criminal offenses involving bodily harm or threat of bodily harm, and they include the following:
These are criminal offenses involving illegal substances. They include the following:
These are crimes involving sexual acts, abuse, or misconduct. They include the following:
These are crimes against property that involve taking money or property without the use of force or threat against the victim. Some of them are p below:
These are acts violating laws that regulate deadly weapons, and they include the following:
These are criminal offenses involving the use of vehicles. They include the following:
In Massachusetts, felonies are punishable by several and varying penalties, depending on the felony type. For example, anyone who is convicted of first-degree murder will get life imprisonment without the option of parole unless a judge considers something in the convict's background, in which case the sentence may not be less than 25 years. Similarly, a conviction for arson can earn a person up to 20 years in prison. Generally, the penalties for a felony in Massachusetts include:
Misdemeanors in Massachusetts are all criminal offenses that are not punishable by death or sentence to a state prison. Unlike felonies, misdemeanors are considered less grave criminal offenses with milder punishments than felonies. The maximum sentence a person convicted of a misdemeanor can get in the Commonwealth is 2.5 years in the House of Corrections. Common types of misdemeanors in Massachusetts include the following:
Depending on the severity of the crime, misdemeanor charges in Massachusetts carry varying penalties. In general, they are punishable by fines and/or incarceration in the House of Corrections. For instance, a conviction for reckless driving is punishable by a fine of $20 to $200 and/or between 14 days to 24 months of incarceration. On the other hand, anyone convicted of petty larceny can get up to one year of incarceration and/or a fine not exceeding $1,500. Generally, criminal convictions are public records. The consequences of having a misdemeanor record are devastating and can damage a person's rights and reputation. In Massachusetts, a misdemeanor conviction can adversely impact an individual's ability to secure employment and housing. In addition, they can influence car insurance rates and affect credit scores.
How long a Massachusetts criminal record stays on background checks depends largely on the type of crime. Typically, convictions for felonies stay in CORI reports for 10 years after the incarceration release date or disposition date, whichever is later. For misdemeanors, convictions are available in background checks for five years after the disposition date or the date of incarceration release, whichever comes later.
However, all convictions for sex offenses, manslaughter, and murder are permanently available, regardless of incarceration release or disposition date, unless the criminal record is sealed or expunged. Similarly, irrespective of age and unless sealed or expunged, all conviction data is available to any organization or employer authorized to request criminal records in Massachusetts.
In Massachusetts, a person can request to seal their misdemeanor conviction record three years after they were found guilty or after any incarceration or prison time, whichever comes later. They can complete the Petition to Seal Conviction Records Form and submit it in person to the Office of the Commissioner of Probate or the District Court. Misdemeanor records can also be expunged in Massachusetts if they meet certain criteria, and there are two types: Time-based expungement and non-time-based expungement.
Anyone requesting time-based expungement must have completed all the parts of their sentence at least three years before the request. Only offenses that qualify for expungement under Chapter 276, Section 100E - 100U of Massachusetts General Laws can get a time-based expungement. On the other hand, misdemeanor records created due to certain errors, fraud, or based on offenses that the Commonwealth no longer considers a crime can get a non-time-based expungement. Anyone whose misdemeanor records have been expunged can authoritatively claim not to have the record. They will not be found guilty of giving a false statement (perjury).