Code of Massachusetts Regulations
803 CMR - DEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES
Title 803 CMR 2.00 - Criminal Offender Record Information (CORI)
Section 2.07 - Attorneys
Universal Citation: 803 MA Code of Regs 803.2
Current through Register 1518, March 29, 2024
(1) An attorney may access the CORI information of the attorney's client in the following manner:
(a) The attorney shall obtain the client's
consent to access the client's CORI;
(b) The attorney shall verify the identity of
the client;
(c) The attorney shall
complete the CORI Attorney Affidavit Form, which must:
1. affirm that the subject of the request is
a current client of the requesting attorney;
2. affirm that the attorney has obtained the
client's consent to access the client's CORI;
3. describe and affirm the means used by the
attorney to verify the client's identity; and 4. be signed by the attorney
subject to the penalties of perjury.
(d) The attorney shall submit the completed
CORI Attorney Affidavit Form either electronically via the
attorney's account on the iCORI system or by a physical copy mailed to
DCJIS.
(e) The completed CORI
Attorney Affidavit Form will be valid for a period of one year from the signing
of the form. The attorney may run a subsequent CORI check on the same client
within this time period so long as the client is still a current client of the
attorney.
(f) Where representation
changes such that the client is represented by a succeeding attorney who works
for the same firm or entity as the attorney who signed the CORI Affidavit Form,
and where the client maintains an unbroken attorney-client relationship with
attorneys working for that firm or entity, then succeeding attorneys who
directly represent the client and who work for that same firm or entity may run
a subsequent CORI check on the client within one year of the signing of the
CORI Attorney Affidavit Form by the initial attorney.
(g) The attorney or the firm or entity for
which the attorney works shall maintain a copy of the completed CORI Attorney
Request Form for a period of one year from the submission of the CORI request.
The attorney who signs the form is responsible for ensuring that it will be
preserved.
(h) A client's CORI
accessed by an attorney on the client's behalf may only be disseminated:
1. to the client;
2. to such other individuals as authorized by
the client; or
3. as otherwise
authorized by law.
(i) An
attorney shall not use the procedures outlined in
803
CMR 2.07(1) to access CORI
of a former client or a non-client. To access the CORI of a former client or a
non-client, an attorney must use the procedures described in
803
CMR 2.07(2).
(2) An attorney seeking to obtain a former client or non-client's CORI, beyond what is available via Open Access to CORI, for litigation purposes shall submit a valid, signed court order directly to DCJIS. A non-client's CORI, beyond what is available via Open Access to CORI, may only be disseminated:
(a) as allowed by the court that
issued the order; or
(b) as
otherwise authorized by law.
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