Code of Massachusetts Regulations
803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES
Title 803 CMR 11.00 - Consumer Reporting Agency (CRA)
Section 11.10 - Dissemination of CORI by a CRA

Universal Citation: 803 MA Code of Regs 803.11

Current through Register 1531, September 27, 2024

(1) The CORI a CRA may disseminate to its iCORI-registered client depends upon the level of access to which the client is entitled for each particular CORI request, and, in the case of employment applicants, whether the position for which the subject is being screened has an annual salary of $75,000 or more.

(a) If the client is entitled to Standard Access to CORI, as defined in 803 CMR 2.05: Levels of Access to CORI, and the position for which the subject is being screened or in which the subject currently works has an annual salary of less than $75,000, a CRA may disseminate:
1. all pending cases, except those pending cases that are seven or more years old from the date of the CORI report and that did not result in a warrant;

2. all misdemeanor and felony convictions;

3. all dispositions of not guilty by reason of insanity, except for those dispositions that are seven or more years old from the date of the CORI report; and

4. juvenile information, but only where the subject was adjudicated as an adult.

(b) If the iCORI registered client is entitled to Standard Access to CORI and the position for which the subject is being screened or in which the subject currently works has an annual salary of $75,000 or more, a CRA may disseminate:
1. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

2. all misdemeanor convictions for five years following the date of disposition or date of release from incarceration or custody, whichever is later;

3. all felony convictions or findings of not guilty by reason of insanity for ten years following the date of disposition or date of release from incarceration or custody, whichever is later; and

4. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined in M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed, including information relating to such offenses where the subject was adjudicated as an adult.

(c) If the client is entitled to Required 1 Access to Criminal Offender Record Information, as defined in 803 CMR 2.05: Levels of Access to CORI, and the position for which the subject is being screened or in which the subject currently works has an annual salary of less than $75,000, a CRA may disseminate:
1. all pending cases, except those pending cases that are seven or more years old from the date of the CORI report and that did not result in a warrant;

2. all misdemeanor and felony convictions; and

3. juvenile information, but only where the subject was adjudicated as an adult while younger than 18 years old.

(d) If the client is entitled to Required 1 Access to Criminal Offender Record Information, as defined in 803 CMR 2.05: Levels of Access to CORI, and the position for which the subject is being screened or in which the subject currently works has an annual salary of $75,000 or more, a CRA may disseminate:
1. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

2. all adult misdemeanor convictions and felony convictions;

3. offenses for which the subject was adjudicated as an adult; and

4. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined by M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed.

(e) If the client is entitled to Required 2 Access to Criminal Offender Record Information, as defined in 803 CMR 2.05: Levels of Access to CORI, and the position for which the subject is being screened or in which the subject currently works has an annual salary of less than $75,000, a CRA may disseminate:
1. all pending cases, except those pending cases that are seven or more years old from the date of the CORI report and that did not result in a warrant;

2. all misdemeanor and felony convictions;

3. all non-conviction information, except non-conviction information that is seven or more years old from the date of the CORI report and that did not result in a warrant; and 4. juvenile information, but only where the subject was adjudicated as an adult.

(f) If the iCORI registered client is entitled to Required 2 Access to CORI and the position for which the subject is being screened or in which the subject currently works has an annual salary of $75,000 or more, a CRA may disseminate:
1. criminal offenses that did not result in a conviction;

2. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

3. all adult misdemeanor convictions and felony convictions;

4. offenses for which the subject was adjudicated as an adult; and

5. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined by M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed.

(g) If the iCORI registered client is entitled to Required 3 or Required 4 Access to CORI, as defined in 803 CMR 2.05: Levels of Access to CORI, and the position for which the subject is being screened or in which the subject currently works has an annual salary of less than $75,000, a CRA may disseminate:
1. all pending cases, except those pending cases that are seven or more years old from the date of the CORI report and that did not result in a warrant;

2. all misdemeanor and felony convictions;

3. all non-conviction information, except non-conviction information that is seven or more years old from the date of the CORI report and that did not result in a warrant; and 4. juvenile information, but only where the subject was adjudicated as an adult.

(h) If the client is entitled to Required 3 or Required 4 CORI access and the position for which the subject is being screened or in which the subject currently works has an annual salary of $75,000 or more, a CRA may disseminate:
1. criminal offenses that did not result in a conviction;

2. all pending criminal charges, including cases continued without a finding of guilt until they are dismissed;

3. all adult misdemeanor convictions and felony convictions;

4. offenses for which the subject was adjudicated as an adult; and

5. all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses (as defined in M.G.L. c. 6, § 178C) punishable by a term of incarceration in state prison, unless sealed.

(2) Any CRA that receives CORI from DCJIS and which has reason to believe that the information contained therein has, in whole or in part, been disclosed in error, shall contact DCJIS to request that the CORI be reviewed before disseminating the CORI results to the iCORI-registered client.

(3) Any CRA that knowingly disseminates CORI beyond the scope permitted by the Fair Credit Reporting Act, 15 U.S.C. § 1681, and 803 CMR 2.00: Criminal Offender Record Information (CORI) shall be in violation of applicable laws and regulations.

(4) Any CRA that knowingly disseminates CORI beyond the level of access to which its iCORI-registered client is entitled shall be in violation of 803 CMR 2.00: Criminal Offender Record Information (CORI).

(5) Any CRA that knowingly fails to provide a copy of the CORI results to its iCORI-registered client shall be in violation of 8.03 CMR 2.00: Criminal Offender Record Information (CORI).

(a) A CRA may provide a summary of the CORI results in a report to the client. The CRA shall also provide an exact copy of the CORI results received from DCJIS to the client. A CRA may redact information from the CORI results in order to comply with the disclosure requirements in 15 U.S.C. § 1681; provided, however, that it shall provide the remaining information in the format received from the iCORI system.

(b) A CRA may only disseminate CORI results to its iCORI-registered client(s).

(c) Any CRA that knowingly disseminates CORI results to a party that is not one of its iCORI-registered client(s) shall be in violation of 803 CMR 2.00: Criminal Offender Record Information (CORI).

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