Your Massachusetts Criminal Record: Who Can See Your Massachusetts Convictions, Acquittals or Dismissals in a Background Check?

A Complete Guide to Massachusetts Criminal Records: Generation, Distribution, and CORI

CORI (“Criminal Offender Record Information”) in the Massachusetts District Court, Boston Municipal Court and Massachusetts Superior Court, is your Massachusetts criminal record. If you or someone you know has had an encounter with law enforcement in Massachusetts, you might be wondering how that interaction translates into a permanent record, and more importantly, who gets to see it.

Keeping a charge off a client’s record often means fighting for a dismissal. Our page explains how a Massachusetts criminal case can be dismissed.

You may be a preparing for a job search, a college or university student, an employer trying to run compliant background checks, or a landlord screening tenants. Understanding the Massachusetts criminal record system is essential. If you have had a prior criminal case in Massachusetts, you need to know whether you should petition to seal or expunge your record.

In Massachusetts, criminal history is tracked through a system known as CORI (Criminal Offender Record Information). Massachusetts General Laws (M.G.L.) Chapter 6, Sections 167 through 178B legislates CORI. Let’s break down exactly how these records are generated, how they are distributed, and what rights you have regarding your own information.

How Criminal Records Are Generated in Massachusetts

A common misconception is that simply talking to the police or being temporarily detained automatically goes on your permanent criminal record. That is not how the system works. The generation of a CORI record follows a specific legal process.

1. The Arrest and Booking Process: FBI Records vs. CORI

When an individual is arrested by local or state police in Massachusetts, they are taken to the police station or state police barracks for booking. During this process, police take photographs and fingerprints. These fingerprints are sent to the state’s Automated Fingerprint Identification System (AFIS) and the FBI. At this stage, an arrest record is generated, which is accessible to law enforcement but is not yet part of your standard CORI report.

2. Arraignment: The Birth of a CORI Record

According to M.G.L. c. 6, § 167, CORI is defined as records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and maintaining information regarding arrests, charges, and dispositions. The trigger for this public record is the arraignment. Your official Massachusetts CORI record is generated at the courthouse, not the police station.

If the police or district attorney decides to press charges, you will be scheduled for an arraignment in either District or Superior Court. The moment you are arraigned before a judge, a CORI record is officially created. Even if the charges are completely dismissed five minutes later, the record of that arraignment now exists in the system as an “open” or “pending” case.

A skilled and trusted lawyer will always try to negotiate a pre-arraignment outcome of your case in the Boston Municipal Court or the Massachusetts District Court. If they succeed, simply appearing at arraignment will NOT create your Massachusetts criminal record. The record is created only when the clerk enters a “not guilty” plea that morning before the judge. If you see the judge, but the arraignment does not occur (no plea is entered), you leave court with no CORI and no Massachusetts criminal record.

3. Dispositions and the Probation Department

As your case moves through the court system, the Massachusetts Probation Department tracks its progress. When the case concludes, the final outcome, known as the “disposition,” is recorded. Common dispositions include:

• Convictions: Guilty verdicts or plea deals.
• Non-Convictions: Not guilty verdicts, pretrial probation, dismissals, or a “Nolle Prosequi” (when the prosecutor drops the charges).
• CWOF (Continuance Without a Finding): You admit there are enough facts for a guilty finding, but the court holds off on convicting you. If you follow probation rules, the case is eventually dismissed.

All of this data is compiled by the court and sent to the state database, know as the DCJIS, the Department of Criminal Justice Information Systems. CJIS’ job is to make sure your criminal record is shared, or kept private, according to the law.

How Massachusetts Distributes Criminal Records: The iCORI System

Once a record is generated, it is not open to the public. Massachusetts heavily regulates who can see your criminal history to balance public safety with the rehabilitation of individuals.

Distribution of your Massachusetts criminal record is controlled and authorized by M.G.L. c. 6, § 168. This occurs primarily through a secure web-based portal called iCORI.The Department of Criminal Justice Information Services (DCJIS) is the state agency responsible for managing and distributing this data. They do this primarily through a secure web-based portal called iCORI.

Employers, landlords, schools, and volunteer organizations must register for an iCORI account to request background checks. To protect individuals from discrimination, Massachusetts utilizes a tiered system (outlined in M.G.L. c. 6, § 172) that dictates exactly what type of information different organizations are legally allowed to see.

The 4 Levels of CORI Access

When an organization runs your name through the iCORI system, the results they get depend entirely on their legal “Access Level.” Some employers have lifetime access to your Massachusetts records, no matter if the case was dismissed or you were convicted. Others have access limited by five and ten year lookback periods.

These rules apply whether your applying for a job, a volunteer position or to teach or work at your child’s school.

1. Standard Access (Employers, Landlords, Real Estate)

This is the most common level of access. Standard Access is designed to give everyday businesses the information they need without unfairly punishing people for decades-old mistakes.

• What they see: All pending criminal charges and any convictions that fall within specific timeframes.
• The “Lookback” Period: Under M.G.L. c. 6, § 172(b)(2), misdemeanor convictions are visible for 5 years after the date of disposition or release from incarceration. Felony convictions are visible for 10 years.
• What they DO NOT see: Cases that ended in non-convictions (dismissals, not guilty verdicts), sealed records, or older convictions that have aged past the five or ten year limits.

2. Required Access (Schools, Hospitals, Banks, Childcare)

Certain industries (usually those working with children, the elderly and finances) run deeper background checks. There are sub-levels of “Required” access under M.G.L. c. 6, § 172(a), but generally:

• What they see: Everything in Standard Access, plus non-convictions (dismissals, CWOFs), and older convictions regardless of how much time has passed. The highest levels of Required Access (like those for childcare or early education) can even see sealed records and juvenile offenses. Certain industries working with vulnerable populations (children, the elderly, finances) are mandated by state law to run deeper background checks. There are four sub-levels of “Required” access, but generally:

3. Open Access (The General Public) by Request

Massachusetts allows private citizens or the media to request a highly restricted version of someone’s CORI for a fee. A few offenses (murder, manslaughter or certain sex offenses) have no limited lookback period for open access.

• What they see: For nearly all offense, with the above exceptions, only recent convictions show in this level of access. Misdemeanors are visible for just 1 year, and most felonies for 2 years (or 10 years for felonies punishable by 5+ years in prison). Pending cases and non-convictions are completely hidden from the public.

4. Personal Access (You and Your Attorney) to your CORI via (https://icori.chs.state.ma.us/)

You have the absolute right to see everything on your own record.

• What you see: Everything. This includes all adult convictions, non-convictions, pending cases, civil offenses, and all sealed or expunged records.

The Supreme Judicial Court has confirmed in Gravito v. Commonwealth that sealing never limits your own access. A defendant and his attorney keep full access to his own sealed records and may use them in his defense, without any special motion, because sealing closes a record to others and not to you. Our full analysis is at the Gravito decision on sealed record access.

Taking Control: Sealing and Expunging Your Record

Having a criminal record can feel like a heavy shadow, complicating job searches and housing applications. FortuHaving a criminal record can feel like a heavy shadow, complicating job searches and housing applications. Fortunately, Massachusetts law provides statutory pathways to clean up your record.

• Sealing a Record: Sealing a record hides it from almost everyone (including Standard Access employers and landlords). Law enforcement and some high-level Required Access agencies can still see it. Under M.G.L. c. 276, § 100C, you can seal a case that ended in a non-conviction (like a dismissal) almost immediately. For convictions, M.G.L. c. 276, § 100A establishes a waiting period: 3 years for a misdemeanor and 7 years for a felony, starting from the time you finish your sentence or probation. You then seal the conviction by petition to the Commissioner of Probation; the record does not seal on its own.
• Expunging a Record: Expungement destroys the record, making it permanently unavailable. However, expungement in Massachusetts is incredibly rare. Governed by M.G.L. c. 276, §§ 100E-100K, it usually only applies to crimes committed before the age of 21 (with strict limits on the types of offenses), cases of identity fraud, or massive law enforcement errors.

Sealing has two limits that matter most to licensed clients. First, it restricts access to the Massachusetts CORI only: the FBI record created by booking fingerprints sits outside any Massachusetts court’s power, so employers and licensing authorities that run fingerprint-based checks, including school districts, banks, and FINRA, can still see an arrest that a CORI check no longer shows. Second, sealing the criminal case does not touch the RMV driving record, so a commercial driver’s OUI disposition remains on the driving history that employers and the federal clearinghouse systems check regardless of what happens to the CORI. How these records interact with each licensing authority is explained in Criminal Charges and Professional Licenses in Massachusetts.

The standards judges apply to these petitions, the Pon good cause factors, the J.F. rule of mandatory sealing for not guilty findings, the K.W. presumption in favor of expungement, and the offenses that can never be sealed, are set out in depth with full case citations on our page covering Massachusetts sealing and expungement standards, which also explains what a state seal does and does not do to an FBI record.

Contact Boston Attorney Joe Serpa If You are Accused of a Crime.

A Massachusetts restraining order follows a different set of rules than the criminal records described on this page. A 209A abuse prevention order or a 258E harassment prevention order is a civil order, so it does not appear in CORI, and the sealing and expungement statutes that govern criminal records do not apply to it. The order is recorded in the statewide registry that judges consult in later cases, and it can be expunged only on clear and convincing proof of fraud on the court. Serpa Law Office explains the registry, the databases that hold the record, and the expungement standard on its page on expunging a Massachusetts restraining order and answers common questions in its restraining order expungement FAQs.

For the federal side of the picture, the FBI identification record, the national instant check system, and the reporting limits of the Fair Credit Reporting Act, see the federal section of the firm’s page on sealing and expunging a criminal record.

How a domestic violence case creates records that a background check later reveals is answered in the firm’s Massachusetts domestic violence records FAQ.

Whether a federal criminal record can ever be cleared is addressed in the firm’s post on United States v. Coloian.

The assistance of a knowledgeable lawyer is indispensable for people accused or convicted of a Massachusetts domestic violence crime, a Massachusetts drug crime, Massachusetts OUI or DUI, or another offense in the Boston area. If you are trying to seal your CORI and get a fresh start. Georgetown Law graduate and Boston Criminal Lawyer Joe Serpa has over 30 years of experience. He can provide the dedication and skill you need when navigating this and other types of court processes. The Serpa Law Office also serves individuals in Brookline, Quincy, Brockton, Framingham, and Newton, as well as throughout Middlesex, Norfolk, Essex, Plymouth and Suffolk Counties. Call us at 617.936.0201 or contact us online to schedule a free meeting to talk about your case.