What Access Do Employers Have to CORI?

Transcription

CHAPTER 2
What Access Do Employers
Have to CORI?
Georgia K. Critsley, Esq.
Massachusetts Department of Criminal Justice Information Services,
Chelsea
Agapi Koulouris, Esq.
Chelsea
§ 2.1
CORI Access Before May 4, 2012 ....................................... 2–1
§ 2.2
CORI Access on and After May 4, 2012 ............................. 2–4
§ 2.3
§ 2.2.1
History ................................................................... 2–4
§ 2.2.2
Agency Name Change........................................... 2–4
§ 2.2.3
“Ban the Box” Becomes Effective ........................ 2–4
§ 2.2.4
Definition of CORI and Where CORI
Comes From .......................................................... 2–5
§ 2.2.5
Levels of CORI Access Available Under CORI
Reform .................................................................. 2–6
§ 2.2.6
The iCORI System ................................................ 2–8
(a)
Registration Process ..................................... 2–9
(b)
Requesting CORI on Behalf of a Client....... 2–9
(c)
The Level of CORI Access Available
to Organizations ......................................... 2–10
CORI Responsibilities of Employers to Ensure
Continued CORI Access .................................................... 2–14
§ 2.3.1
Criminal History Screening Is the Last Step
in the Hiring Process ........................................... 2–14
2–i
MASSACHUSETTS CORI LAW
§ 2.3.2
Employer CORI Policies...................................... 2–14
§ 2.3.3
CORI Acknowledgement Forms .......................... 2–15
§ 2.3.4
Additional Responsibilities if Requesting
Through a Consumer Reporting Agency
(CRA)................................................................... 2–16
§ 2.3.5
CORI Due Process and the Right to Dispute ....... 2–17
§ 2.3.6
Additional Responsibilities if Making an
Adverse Decision Based on CORI Obtained
Through a CRA .................................................... 2–19
§ 2.3.7
CORI Dissemination and Dissemination Logs .... 2–20
§ 2.3.8
Employers’ Storage of CORI ............................... 2–20
§ 2.3.9
DCJIS Auditing of Employers ............................. 2–21
§ 2.3.10
Penalties for Violating the CORI Law
and Regulations .................................................... 2–22
EXHIBIT 2A—Summary of CORI Access ..................................... 2–25
EXHIBIT 2B—Individual Registration Guide ............................... 2–29
EXHIBIT 2C—Organization Registration Guide .......................... 2–33
EXHIBIT 2D—Advocate CORI Request ........................................ 2–39
EXHIBIT 2E—Model CORI Policy ................................................ 2–45
EXHIBIT 2F—CORI Acknowledgment Form ............................... 2–49
EXHIBIT 2G—Complaint Form: Incorrect CORI ....................... 2–51
EXHIBIT 2H—Complaint Form: CORI
Regulatory Violations ........................................................................ 2–55
EXHIBIT 2I—Complaint Form: Improper Access
or Dissemination of CORI ................................................................ 2–59
2–ii
CHAPTER 2
What Access Do Employers
Have to CORI?*
Georgia K. Critsley, Esq.
Chelsea
Agapi Koulouris, Esq.
Chelsea
Scope Note
This chapter provides information on employers’ access to
Massachusetts Criminal Offender Record Information (CORI)
both before and after the changes that took place on May 4,
2012. Terminology is defined, the iCORI system is explained,
and the reader is informed about employers’ responsibility to
ensure continued access.
§ 2.1
CORI ACCESS BEFORE MAY 4, 2012
On May 4, 2012, Massachusetts laws regarding the access and dissemination of
Massachusetts Criminal Offender Record Information (CORI) significantly
changed. To understand why the changes to the law are so significant, one must
first understand the prior law and its application.
When the CORI law first became effective in 1972, the CORI database was initially developed for use by criminal-justice agencies. As CORI evolved, noncriminal-justice users were granted access to this data. Historically, access to
CORI was strictly controlled and dissemination was restricted to limited purposes. Pursuant to the former version of G.L. c. 6, §172, in order to qualify for access
to CORI, an organization had to fit within one of three categories:
*
The views expressed herein are the authors’ views and not necessarily those of
the Department of Criminal Justice Information Services.
2–1
§ 2.1
(a) an organization that met the definition of a criminal-justice agency (limited
to law enforcement agencies including police departments and courts);
(b) an organization that had a statute that required its access CORI; or
(c) an organization that qualified for access under a general grant of access issued by the former Criminal History Systems Board (CHSB). (In these cases, the CHSB determined that the public interest in disseminating CORI to
these organizations clearly outweighed the individual’s privacy interest.)
To obtain access under the former system, an organization would petition the
CHSB for CORI certification by submitting an application describing the purpose of its request and indicating the category of access it believed its request fit
within. The CHSB agency staff would review the application to determine if it fit
within a predetermined general grant of access or whether it would require review before the CHSB. If the organization qualified for CORI access, the CHSB
would issue a CORI certification letter to the requesting agency.
Organizations that qualified for access as criminal-justice agencies, as listed in
category (a) above included both Massachusetts and out-of-state police departments, courts, and prosecutorial agencies. These organizations’ access to CORI
after May 4, 2012, has not changed. These organizations continue to directly
access CORI through the Criminal Justice Information System (CJIS). This system is used by criminal-justice agencies to access Massachusetts CORI as well
as out-of-state criminal history; both in-state and out-of-state driving records;
and national files, including missing persons, stolen motor vehicles, and wantedpersons files.
Organizations statutorily required to access CORI as listed in category (b) also
continue to access the same levels of CORI. Please see Exhibit 2A for a complete summary of the levels of CORI access and types of organizations that are
entitled to receive each level of information.
The access of the last category of organizations that previously received CORI
under category (c) changed under CORI reform. General grants of access were
categories previously approved by the CHSB for various types of purposes. Under the former CORI certification process, an organization generally qualified for a
general grant of access if its organization provided services to vulnerable populations including children, the elderly, or the disabled, or when there was a public-safety interest because of access to critical infrastructure. Examples included
• municipalities,
• youth athletic programs,
2–2
EMPLOYERS’ ACCESS TO CORI
§ 2.1
• companies providing services in clients’ homes,
• nursing staffing agencies, and
• power companies.
Upon approval of CORI certification based on either statutory access or a general grant, organizations were mailed a CORI certification letter and a request
form. CORI certifications lasted for a period of two years, at which time the
organization had to apply for CORI certification renewal. When employers were
inclined to make an adverse employment decision based on an individual’s
CORI, they were also required to provide individuals with an opportunity to
dispute the accuracy and relevance of the CORI and maintain a CORI policy.
They were also prohibited from disseminating CORI to individuals outside of
their organization. Prior to submitting a CORI request, organizations were also
required to have an applicant complete the CORI request form and to verify his
or her identity with a photographic form of government-issued identification.
Some of these regulations and procedures have carried over into the new system
and are discussed in detail in later sections of this chapter.
Practice note
CORI certifications issued under the former system are no longer effective. Organizations now must register to use CORI in the new
iCORI system.
In addition to the three named categories of access above, there was also a level
of CORI access available to the public. Publically accessible CORI was available to any member of the public upon submission of the subject’s full name and
date of birth and the applicable fee. In the past, this process was a paper process
and could be requested only by mail. Likewise, there was a process by which an
individual could request his or her own CORI. This was previously a paper-only
process and could be provided only by mail. This also has changed under CORI
reform and is now available in an electronic format. Requests for CORI under
the former system took between five and ten business days to process.
Under the former system, there was also a complaint process by which an individual could file a complaint alleging improper access and dissemination of his
or her CORI. The CHSB also considered complaints alleging regulatory violations. These complaints were reviewed by the CHSB, which had the authority to
issue findings and sanctions for violations of the CORI law. Under CORI reform, the CHSB has been dissolved and a new board, the Criminal Records Review Board (CRRB) has been created to hear complaints alleging violations of
the CORI law and regulations. G.L. c. 6, § 168(a).
2–3
§ 2.2
§ 2.2
CORI ACCESS ON AND AFTER MAY 4, 2012
§ 2.2.1
History
On May 4, 2012, the provisions of Chapter 256 of the Acts of 2010 (commonly
referred to as the CORI Reform Law) became effective and changed the CORI
system, including access and dissemination of CORI. The CORI Reform Law
amended and inserted new sections into G.L. c. 6, §§ 167–178B. The need to
change the CORI law stemmed from a desire to afford individuals with a CORI
a fair opportunity to have an open discussion regarding their CORI with an employer while balancing the need to ensure public safety through smart and appropriate use of CORI in the hiring process.
§ 2.2.2
Agency Name Change
The CORI Reform Law had two effective dates. On November 4, 2010, the first
effective date, two important provisions of the law became effective. The Criminal History Systems Board (CHSB) agency name changed to the Massachusetts
Department of Criminal Justice Information Services (DCJIS). G.L. c. 6.
§ 167A. This change was important because, previously, the actual board that
oversaw decisions relating to CORI access was also named the Criminal History
Systems Board (CHSB). The name change of the agency from CHSB to DCJIS
was an important first step in revamping the CORI system by providing the
agency with a new name and set of duties to carry out the implementation of
CORI reform.
§ 2.2.3
“Ban the Box” Becomes Effective
A second important provision that became effective on November 4, 2010, was
the implementation of the “ban the box” provisions. Under the former law, an
employer could inquire regarding certain types of criminal history on an initial
employment application. Based on the CORI Reform Law amendments to
G.L. c. 151B, § 4(9), employers are now prohibited from asking certain questions regarding CORI on an initial employment application. The Massachusetts
Commission Against Discrimination (MCAD) has published a bulletin summarizing the requirements of this change. The bulletin is available on MCAD’s Web
site at www.mass.gov/mcad.
2–4
§ 2.2.4
§ 2.2
Definition of CORI and Where CORI Comes
From
The CORI Reform Law made a minor but important change to the definition of
CORI. Criminal Offender Record Information is defined in G.L. c. 6, § 167, as
records and data in any communicable form compiled
by a Massachusetts criminal justice agency which
concern an identifiable individual and relate to the nature or disposition of a criminal charge, an arrest, a
pre-trial proceeding, other judicial proceedings, sentencing, incarceration, rehabilitation, or release. Such
information shall be restricted to that recorded as the
result of the initiation of criminal proceedings or any
consequent proceedings related thereto. Criminal offender record information shall not include evaluative
information, statistical and analytical reports and files
in which individuals are not directly or indirectly
identifiable, or intelligence information. Criminal offender record information shall be limited to information concerning persons who have attained the age
of 17 and shall not include any information concerning criminal offenses or acts of delinquency committed by any person before he attained the age of 17;
provided, however, that if a person under the age of
17 is adjudicated as an adult, information relating to
such criminal offense shall be criminal offender record information. Criminal offender record information shall not include information concerning any
offenses which are not punishable by incarceration.
The CORI Reform Law changed the definition of CORI by limiting this information to records and data compiled by Massachusetts criminal-justice agencies.
Arguably, under the former law CORI applied to both in-state and out-of-state
criminal history. This is an important distinction because of how the term
“CORI” is used in the provisions of the CORI Reform Law.
Practice note
The definition of “CORI” changed under the CORI Reform Law by
limiting the definition to only those records and data compiled by
Massachusetts criminal-justice agencies. It is important to note that
criminal history from other states, although not CORI by definition, is
2–5
§ 2.2
also protected based on the source of the information and federal or
state laws.
The CORI system is a mirror image of the records and data available from the
trial court through the Office of the Commissioner of Probation (OCP) Court
Activity Record Information (CARI) file. On a daily basis, the OCP CARI database is transferred to the DCJIS to be included in the CORI database. The CARI
database updates any existing entries and updates the system with all new criminal records. It is important to note that, since this information is entered by the
trial court, it may be amended or changed only by the trial court or OCP. The
DCJIS does not have the ability or the authority to amend the CORI.
Practice note
The DCJIS does not have the ability or the authority to amend
CORI. Any corrections to a CORI must be made by the court in
which the arraignment took place or through the OCP. G.L. c. 6,
§ 175.
§ 2.2.5
Levels of CORI Access Available Under CORI
Reform
The CORI Reform Law changed the availability and the mechanism by which
individuals and organizations may access CORI. The CORI access and dissemination parameters are set forth in G.L. c. 6, § 172. There are three general levels
of CORI access. The three categories include Open, Standard, and Required.
The last category, Required access, can further be broken down into Required 1,
Required 2, Required 3, and Required 4. Each category-of-access title provides a
description of the access available under that type of request.
A summary of each category and who is eligible to receive that category is listed
below:
Category of
Access
Who Is Eligible to Access This Category
Open
Level of CORI available to public
Standard
Employers, housing providers, licensing authorities, volunteer
organizations
Required 1
Organizations required by statute, regulation, or
accreditation requirement
2–6
Category of
Access
Who Is Eligible to Access This Category
Required 2
Required 3
Required 4
§ 2.2
A detailed description of the information available under each category of access
is listed in the table below.
Category of
Access
Description of Information Available under This Category
Open
G.L. c. 6,
§ 172(a)(4)
• Convictions for murder, manslaughter, or sex offenses, regardless of the age of the offense.
• Misdemeanor convictions when the disposition date or incarceration date occurred less than one year prior to the CORI
request date.
• Felony convictions when the disposition date or
incarceration release date occurred less than two years prior to
the CORI request date.
• Felony convictions that are punishable by five or more years
in state prison provided, however, that such convictions shall
be available only for ten years following the date of disposition or date of release from incarceration, whichever is later.
Standard
G.L. c. 6,
§ 172(a)(3)
• Convictions for murder, manslaughter, or sex offenses regardless of the age of the offense.
• Misdemeanor convictions when the disposition date or the
incarceration release date, whichever is later, is less than five
year prior to the CORI request date. The availability of a misdemeanor conviction during this time period will trigger the
release of all convictions.
• Felony convictions when the disposition date or the incarceration release date, whichever is later, is less than ten years
prior to the CORI request date. The availability of a felony
conviction during this time period will trigger the release of
all convictions.
• All pending criminal offenses.
2–7
§ 2.2
Category of
Access
Description of Information Available under This Category
Required 1
All adult convictions and pending offenses.
Required 2
All adult convictions, nonconvictions, and pending offenses.
Required 3
All adult and juvenile offender convictions, nonconvictions,
and pending offenses.
Required 4
All adult and juvenile offender convictions, nonconvictions,
and pending offenses, as well as sealed-case indicators.
§ 2.2.6
The iCORI System
The CORI Reform Law, G.L. c. 6, §172, provides that the DCJIS shall maintain
a CORI database in an electronic format available via the Internet for use by
non-criminal-justice users. Accordingly, in May 2012 the DCJIS implemented
the iCORI system. The iCORI system is an Internet-based application by which
members of the public, employers, housing providers, volunteer organizations,
licensing authorities and required users of CORI may access CORI from the
DCJIS. Requests for CORI may be submitted electronically and received electronically through this service. Most iCORI responses are immediately available.
iCORI responses that require further review are generally processed within two
business days.
Practice note
All types of CORI requests may now be submitted electronically
through the iCORI service. This includes requests for one’s own
CORI or open CORI that were previously processed through the mail.
Practice note
CORI available through the iCORI service is limited to Massachusetts criminal court appearances. Requests for out-of-state criminal
history must be submitted directly to that state. Access to the Federal Bureau of Investigation (FBI) national criminal history database,
known as the Interstate Identification Index (III), is limited to law enforcement agencies. In some cases, non-criminal-justice agencies
have been authorized to access III based on either federal or state
law. Your client will know if a check is conducted through the III system because he or she will have to be fingerprinted by the requesting
organization.
2–8
(a)
§ 2.2
Registration Process
Prior to requesting CORI through the iCORI system, individuals must first register for an account. Individuals may register to use CORI for any of the following
purposes:
• request one’s own CORI,
• request CORI on behalf of another individual, and
• request open CORI.
See Exhibit 2B for a quick reference guide on how to register as an individual.
Individuals may also register as an organization to access CORI. Organizations
may register under any of the following categories:
• employer,
• housing provider,
• volunteer organization, or
• licensing authority.
Please see Exhibit 2C for a quick guide on how to register as an organization.
The level of CORI access depends on the type of organization and the purpose
of the CORI request. The iCORI system is designed to provide organizations
with the correct level of access applicable to the organization based on the responses to registration questions. Registrations are valid for one year and must be
renewed by the organization representative prior to expiration of the registration.
(b)
Requesting CORI on Behalf of a Client
As an attorney or advocate for an individual, you may register as an individual in
the iCORI service to request a CORI on behalf of a client. You may submit your
request electronically through the iCORI service for your client if you will be
paying for the request and you have the following minimum information:
• a signed advocate’s authorization form,
• the subject’s full name,
• the subject’s date of birth,
• the last six digits of the subject’s social security number, and
2–9
§ 2.2
• the subject’s Massachusetts driver’s license or Massachusetts
identification card number.
If your client is indigent and unable to pay the fee for the CORI or you do not
have all the minimum fields listed above, you will need to submit your request
on the paper form through the mail. See Exhibit 2D for the advocate’s CORI
request form and the affidavit of indigency.
Practice note
If your client does not have a social security number, you may request a CORI only through the paper process. The iCORI service
requires the last six digits of a social security number.
As an attorney you may also need to submit a request for CORI for witness impeachment purposes or trial strategy. G.L. c. 233, § 21. To obtain CORI for this
purpose, you will first need to secure a court order allowing you to access the
CORI of the potential witnesses. After securing the order, you may submit the
request by mail to the DCJIS along with the fee of $25 per subject requested. If
you are court appointed in the matter, you may submit your Notice of Appointment of Counsel (NAC) number to have the fee waived. Requests for CORI for
this purpose cannot be processed through your iCORI registration and must be
mailed to the DCJIS.
(c)
The Level of CORI Access Available to Organizations
The iCORI service is designed to provide organizations with the correct level of
access applicable to the organization based on the representations made during
the registration process. Registrations are valid for one year and must be renewed by the organization representative prior to expiration of the registration.
The chart below outlines the level of CORI access and purpose of the request
available to organizations registered to receive CORI through the iCORI service.
Requestor Type
Required
Access?
Level(s) of
CORI Access
Purpose(s) of
CORI Requests
Amusement
device operators
Yes
See 520 C.M.R. et. seq.
Required 1
Employment and
volunteers
Assisted-living
facilities
Yes
See G.L. c. 6, §172E
Required 2
Employment and
volunteers
Banks
Yes
See 12 U.S.C. § 1829
Required 1
Employees and
volunteers
2–10
§ 2.2
Required
Access?
Level(s) of
CORI Access
Purpose(s) of
CORI Requests
Camps
Yes
See G.L. c. 6, §172G
Required 3
Employees and
volunteers
College,
university, or
technical
institution
No for employment
Standard and
Required 1
Standard for employment and volunteers
Consumer
reporting
agency
No
Requestor Type
Yes for Americorps volunteers
Required 1 for clinical program placements and Americorps volunteers
Standard for its Standard for its own
own
employees and volemployees
unteers
Multiple possibilities when
requesting on
behalf of a
client
When submitting on
behalf of a client,
will receive the level
of access that the
client is allowed to
receive.
Councils on
aging
Yes
See G.L. c. 6, §172C
Required 2
Employment and
volunteers
Day-care
centers
Yes
See G.L. c. 6, §172H
Required 2
Employment and
volunteers
Employers (WalMart, McDonalds,
etc.)
No
Standard
Employment and
volunteers
EOHHS-funded
vendors
Yes
Required 1
See EOHHS agency regulations. Cite depends on
agency through which the
vendor is funded.
Employment and
volunteers
Hospitals
Yes
See JCAHO
accreditation
requirements
Required 1
Employment and
volunteers
In-home care
Yes
See G.L. c. 6, §172C
Required 2
Employment and
volunteers
2–11
§ 2.2
Level(s) of
CORI Access
Purpose(s) of
CORI Requests
Insurance companies Yes
See 18 U.S.C. § 1033
Required 1
Employment and
volunteers
Law firm
No
Standard
Employment and
volunteers
Massachusetts
municipalities
No in general
Multiple possi- Employment,
bilitiesvolunteers, and
Yes for certain departments
including
licensing
or licenses, i.e., Council on
Standard, ReAging or liquor licensing
quired 1, and
Required 2
Massachusetts state
agencies
No in general
Multiple possi- Employment,
bilitiesvolunteers, and
Yes for certain departments
including
licensing
or licenses
Standard, Required 1, and
Required 2
Nursing homes
Yes
See G.L. c. 6, §172E
Required 2
Employment and
volunteers
Out-of-state
municipalities
No
Standard
Employment,
volunteers, and
licensing
Out-of-state state
agencies
No
Standard
Employment,
volunteers, and
licensing
Required 1
For its own employees and volunteers
Requestor Type
Required
Access?
Private investigators Yes
See G.L. c. 147, § 25
Private landlord
No
Standard
Housing applicants
Private schools (K–
12 accredited in
Mass.)
Yes
See G.L c. 71, § 38R
Required 2
Employment and
volunteers
Standard
Employment and
volunteers
Private schools (not No
accredited in Mass.)
2–12
§ 2.2
Required
Access?
Level(s) of
CORI Access
Purpose(s) of
CORI Requests
Property
management
company (private
housing)
No
Standard
Employment,
volunteers, and
housing applicants
Property
management
company (publicly
funded)
Yes
See G.L. c. 6, § 172
Standard for
employment
Employment,
volunteers, and
housing applicants
Public housing
authorities
Yes
Requestor Type
Required 1 for
public housing
See G.L. c. 6, § 172
Standard for
employment
Required 1 for
public housing
Public schools (K–
12 accredited in
Mass.)
Yes,
See G.L c. 71, § 38R
Employment,
volunteers, and
housing applicants
Required 2
Employment and
volunteers
Public schools (K– No
12 not accredited in
Mass.)
Standard
Employment and
volunteers
Real estate
agency
No
Standard
Employment,
volunteers, and market-rate housing
applicants
Religious
organization
Yes
See G.L. c. 6, § 172H
Required 2
Employment and
volunteers
Security guard
companies
Yes
See G.L. c. 147, § 25
Required 1
Employment and
volunteers
Security system
installers
Yes
See G.L. c. 147, § 59
Required 1
Employment and
volunteers
Volunteer
No in general
organizations
Yes for
(programs for adults)
Americorps volunteers
Standard and
Required 1
Employment, volunteers, and Required 1
for Americorps volunteers
Volunteer
organizations
(programs for
children under the
age of 18)
Required 2
Employment and
volunteers
Yes
See G.L. c. 6, § 172H
2–13
§ 2.3
§ 2.3
CORI RESPONSIBILITIES OF EMPLOYERS
TO ENSURE CONTINUED CORI ACCESS
All Massachusetts employers that conduct criminal history screening in the hiring process have specific obligations and must meet certain requirements regarding their use and storage of criminal history. To obtain and ensure continued
access to CORI, employers must include the following in their employee screening and hiring processes and policies. Failure to do so could result in the suspension or termination of CORI access.
§ 2.3.1
Criminal History Screening Is the Last Step in
the Hiring Process
“Employment applicant” is defined in 803 C.M.R. § 2.00 as “[a]n individual
who has applied for employment, who meets the requirements for the position
for which the individual is being screened for criminal history by an employer.”
Accordingly, before an employer may request an applicant’s CORI, the employer must have already decided that the applicant is otherwise qualified for the
position being screened. CORI requests are, therefore, the last step in the applicant
screening process.
§ 2.3.2
Employer CORI Policies
Any employer that conducts five or more criminal background investigations
annually must maintain a criminal offender record information policy. G.L. c. 6,
§ 171A, as amended by 2010 Mass. Acts 256, § 19. All employers, whether they
obtain criminal history information from the DCJIS or another source, are subject to this requirement. Section 171A of Chapter 6 mandates that every CORI
policy shall, at a minimum, contain provisions that require an employer to notify
an applicant in the event of a potential adverse employment decision based on
CORI;, provide a copy of the applicant’s CORI or criminal history information,
as well as a copy of the CORI policy; and provide information for correcting a
criminal record, available from the DCJIS.
A CORI policy may also include factors to be considered when reviewing an
individual’s CORI, such as
• the relevance of the crime to the position sought;
• the nature of the work to be performed;
• the time since the conviction;
2–14
§ 2.3
• the age of the candidate at the time of the offense;
• the seriousness and specific circumstances of the offense;
• the number of offenses;
• whether the applicant has pending charges;
• any relevant evidence of rehabilitation or lack thereof; and
• any other relevant information, including information submitted
by the candidate or requested by the hiring authority.
A model CORI policy is included in these materials as Exhibit 2E.
Practice Note
Regardless of the number of criminal background investigations
conducted annually by an employer, it is a best practice to maintain
a CORI policy.
§ 2.3.3
CORI Acknowledgement Forms
To request CORI from the DCJIS, all employers must complete a CORI
acknowledgement form. Employers must record an applicant’s identifying information and must verify the applicant’s information with a form of government
issued identification. Acceptable forms of identification include state-issued driver’s licenses, state-issued picture identification, and passports. The applicant
must sign the form, authorizing the employer to obtain his or her CORI from the
DCJIS. The employer must also sign and date the acknowledgement form, certifying that the applicant’s identity has been verified; acknowledgement forms
must be retained for at least one year from the date of the employer’s signature.
803 C.M.R. § 2.09.
Practice Note
If an employer is unable to verify the applicant’s identification in person, the applicant may complete the acknowledgement form, have
his or her signature notarized, and provide the notarized form to the
employer. Upon receipt, the employer must sign and date the form
to certify submission of the notarized form. 803 C.M.R. § 2.09.
Acknowledgement forms are valid for one year from the date of the applicant’s
signature or until the conclusion of an individual’s employment, whichever comes
first. Within that time period, an employer may request that individual’s CORI
again without completing a new form; however, before submitting a subsequent
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§ 2.3
request to the DCJIS for the individual’s CORI, the employer must provide at
least seventy-two hours’ written notice to the individual of the imminent CORI
request. Upon an employer’s written notice, an employee may object to an employer’s request for his or her CORI, which will invalidate the acknowledgement
form. If an employee objects, his or her employer may not submit a request to
the DCJIS for that employee’s CORI. 803 C.M.R. § 2.09. See Exhibit 2F for the
DCJIS Sample CORI Acknowledgment Form.
Practice Note
Failure to provide written notice to an individual of a subsequent
CORI request is a regulatory violation and may subject an employer
to civil fines and other sanctions by the Criminal Records Review
Board. 803 C.M.R. § 2.00.
Practice Note
CORI acknowledgement forms contain personally identifiable information as defined by G.L. c. 93H, § 1. As such, unintended dissemination of these forms could qualify as a data security breach and
thus trigger the breach of security provisions of G.L. c. 93H, § 3.
§ 2.3.4
Additional Responsibilities if Requesting
Through a Consumer Reporting Agency (CRA)
If requesting CORI from the DCJIS through a CRA, an employer has additional
regulatory responsibilities that are based on provisions of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Before a CRA may request CORI
from the DCJIS on its behalf, an employer must notify the prospective or current
employee in writing that a consumer report may be used in the employment decision-making process. An employer must also obtain the subject’s separate
written authorization to conduct a background screening before asking a CRA
for the report about the subject. This notice must consist of a document that is
separate from the CORI acknowledgement form; the CORI acknowledgement
form cannot be substituted for this written authorization. 803 C.M.R. § 2.21.
Before requesting CORI through a CRA, an employer must also provide certain
information to the CRA. It must affirmatively certify that it is in compliance
with the FCRA. The employer must also certify to the CRA that it will not misuse any information in the report to violate federal or state equal employment
opportunity laws or regulations. 803 C.M.R. § 2.21.
Practice Note
Based on the DCJIS’s new regulatory requirements, it is crucial that
every employer opting to request CORI through a CRA be familiar
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§ 2.3
with the obligations imposed by the FCRA. Failure to comply with
these obligations could result not only in federal liability but also in
state-imposed penalties.
§ 2.3.5
CORI Due Process and the Right to Dispute
Once an employer receives CORI results from the DCJIS, pursuant to the employer’s CORI policy, he or she must review the results in order to determine
whether the applicant or current employee is suitable. If an employer is inclined
to make an adverse employment decision, he or she must follow certain steps
and document them before taking an adverse action. These steps ensure that an
applicant or current employee, before being denied a job based on his or her
criminal history, has received due process.
Practice Note
Employers must be sure which CORI regulations apply to them.
Employers that contract with government agencies may be required
to follow a separate set of regulations regarding CORI use in the hiring process. For example, an employer screening applicants for a
position funded by an Executive Office of Health and Human Services contract must adhere to the requirements of 101 C.M.R.
§ 15.00. It is also possible for an employer to be required to follow
two different sets of regulations, depending on the position’s funding
source.
Factors that an employer may consider when reviewing an applicant’s CORI
include
• time since the conviction or pending offense;
• age of the candidate at the time of the offense;
• nature and specific circumstances of the offense;
• sentence imposed and length of any period of incarceration;
• relationship of the criminal act to the nature of the work to be performed;
• number of offenses;
• whether offenses were committed in association with a dependence on drugs or alcohol, from which the candidate has since recovered, any relevant evidence of rehabilitation or lack thereof,
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§ 2.3
such as information about compliance with conditions of parole or
probation, including orders of no contact with victims and witnesses; and
• the individual’s conduct and experience since the time of the offense, including but not limited to educational or professional certifications obtained, and any other relevant information, including
information submitted by the candidate, or requested by the hiring
authority.
Pursuant to the DCJIS’s regulations, before making an adverse decision based
on an applicant’s CORI an employer must first notify the applicant of the potential adverse action. The employer must also provide a copy of the CORI to the
subject unless a copy has already been provided. G.L. c. 6, § 171A. 803 C.M.R.
§ 2.17. This can be accomplished by providing a physical copy to the applicant
in person or by e-mail, fax, or hard copy correspondence.
The employer must also inform the subject what information in his or her CORI
provides the basis for the inclination to make an adverse decision. Specificity is
required; informing an applicant that his or her CORI is problematic is not sufficient. The employer must provide an applicant with an opportunity to dispute the
accuracy of the information contained in his or her CORI. 803 C.M.R. § 2.17. A
CORI may be inaccurate for many reasons, including the following:
• The information that appears belongs to another individual and
incorrectly appears as the applicant’s, or
• the disposition of an offense is incorrect or incomplete.
Employers can meet these requirements by meeting with the applicant in person
or relaying this information by telephone, by e-mail, fax, or hard copy correspondence. Employers must additionally provide an applicant with information
published by the DCJIS regarding correcting a criminal record.
Practice Note
If an applicant disputes the accuracy of his or her CORI, an employer should provide the applicant with a reasonable amount of time
within which to correct the inaccuracy or to provide additional information. The amount of time allowed an applicant may differ depending upon an employer’s business, operational requirements, and hiring urgency. It is important to remember that correcting a CORI may
be time consuming depending upon the level of inaccuracy.
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§ 2.3
The DCJIS’s regulations previously contained the additional requirement that an
employer provide an applicant with the opportunity to dispute the relevance of
his or her CORI in relation to the position for which he or she had applied.
While this is no longer a requirement, it is a best practice to provide an applicant
with this opportunity. Doing so will allow an employer to obtain additional information about an applicant that may result in a more-informed hiring decision.
Practice Note.
The EEOC has held that hiring policies that exclude all workers with
criminal records have a disparate impact on protected minority
groups and violate Title VII of the Civil Rights Act of 1964 unless the
employer can show a business necessity. The Equal Employment
Opportunity Commission (EEOC) issued new guidance clarifying
what criteria employers might apply to improve their hiring practices
and avoid discrimination claims. Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. § 2000e et seq., EEOC Notice No. 915.002 (April 25, 2012),
available online at
http://www.eeoc.gov/laws/guidance/arrest
_conviction.cfm.
Documentation of the above steps is crucial. Employers should record these
steps in detail. 803 C.M.R. § 2.17. In the event of a later complaint by an applicant that he or she was not afforded these “CORI due process rights,” this record
will prove that the employer met these regulatory requirements, protecting the
employer from potential civil liability. Should an employer meet with an applicant in person, this documentation should also include who was present for the
meeting. The DJCIS has issued a form that job applicants can use to report errors
to the DCJIS, included at the end of this chapter as Exhibit 2G.
§ 2.3.6
Additional Responsibilities if Making an
Adverse Decision Based on CORI Obtained
Through a CRA
In addition to following the above procedure, an employer inclined to make an
adverse employment decision based on CORI obtained through a CRA must
take an additional step. This requirement is based on provisions of the FCRA.
15 U.S.C. § 1681. Before actually making an adverse decision, an employer
must provide the prospective or current employee with a pre-adverse-action disclosure. The disclosure must include a copy of the individual's consumer report
and a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,”
published by the Federal Trade Commission. The CRA that furnished the credit
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§ 2.3
report should provide the summary of consumer rights. The DJCIS has issued a
form that job applicants can use to report errors to the DCJIS, included at the
end of this chapter as Exhibit 2G.
§ 2.3.7
CORI Dissemination and Dissemination Logs
Employers must ensure that applicants’ and current employees’ CORI results are
protected from unauthorized access. The only individuals within an organization
who may see CORI results are those with a “need to know” the information.
Examples of individuals with a need to know are members of a hiring committee
or a human resources director.
Practice Note
In their CORI policy, employers should include a list of those positions
authorized to view CORI results.
In general, an employer should never disseminate CORI results outside its organization. Some employers are overseen, regulated, or supervised by governmental entities. Additionally, some employers may be licensed by governmental
entities that require viewing employees’ current CORI results as a prerequisite for
licensing. Upon request by that governmental entity, CORI results may be shared.
Sharing CORI results outside the requesting organization is considered secondary dissemination. Employers are required to log such dissemination into a secondary-dissemination log which may be maintained electronically or on paper. All
secondary-dissemination logs are subject to audit by the DCJIS and must include
• the name and date of birth of the person to whom the CORI relates,
• the date of dissemination,
• the name of the person to whom CORI was disseminated, and
• the purpose of the dissemination.
Secondary dissemination log entries must be maintained for one year.
803 C.M.R. § 2.16.
§ 2.3.8
Employers’ Storage of CORI
Employers may store the CORI of volunteers or employees for up to seven years
from the last date of employment or service. While CORI may be stored electronically, employers may not store CORI data using public cloud methods. Further,
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§ 2.3
employers must password protect electronically stored CORI and limit password
access to only those employees who have been approved for CORI access. 803
C.M.R. § 2.11.
When destroying electronically stored CORI, employers must delete the data
from the hard drive of each computer on which the data is stored. Additionally,
employers must delete the information from any system used to back up the hard
drive. If a computer that used to store CORI is going to be disposed of or repurposed, employers must also ensure that the computer has been cleaned, whether
by electronic or mechanical means, of all CORI data. 803 C.M.R. § 2.12.
Employers may also store CORI in a hard copy form. When CORI data is retained
as hard copy, employers must segregate it from personnel information; CORI and
personnel data should never be stored together. Employers must maintain hard
copy CORI in a locked location that is accessible only to those employees who
have been approved for CORI access. 803 C.M.R. § 2.11. When destroying hard
copy CORI, employers must shred or similarly destroy the documents. 803
C.M.R. § 2.12.
§ 2.3.9
DCJIS Auditing of Employers
As a condition of obtaining CORI from the DCJIS for employment purposes, the
DCJIS requires all employers to agree to cooperate with and participate in physical and/or electronic audits. During a DCJIS audit by the DCJIS, the DCJIS will
request the employer to provide certain CORI related-documents or, during an onsite audit, DCJIS auditors may inspect certain CORI-related documents. These
documents could include
• CORI acknowledgement forms;
• documentation of adverse decisions based on CORI;
• secondary-dissemination logs and CORI policies; and
• the auditor’s inspection of CORI being stored by an employer,
whether stored in electronic or hard copy form.
803 C.M.R. § 2.22.
During an audit, DCJIS auditors assess employer compliance with statutory and
regulatory requirements, including the following:
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§ 2.3
• whether an employer is properly registered for the appropriate
level of CORI access and provided correct registration information,
• whether an employer is properly completing and retaining CORI
acknowledgement forms,
• whether an employer is requesting CORI in compliance with the
DCJIS’s regulations,
• whether an employer is properly storing and safeguarding CORI,
• whether an employer is properly maintaining a secondarydissemination log,
• whether an employer is screening only those individuals permitted
by law, and
• whether an employer has a CORI policy that complies with
DCJIS requirements.
Failure to cooperate with or respond to an audit could result in immediate revocation of CORI access. If an employer’s CORI access is revoked for failure to
cooperate with or respond to a DCJIS audit, the employer will be unable to obtain
CORI through a consumer reporting agency. 803 C.M.R. § 2.22.
The DCJIS may restore CORI access upon completion of its audit. The DCJIS
may also publish audit results, including failure to cooperate with an audit.
If DCJIS auditors find that an employer is not in compliance with statutory or
regulatory CORI requirements, the DCJIS may initiate a complaint with the
Criminal Records Review Board. The DCJIS may also refer audit results to state
or federal criminal-justice agencies for criminal investigation. 803 C.M.R.
§ 2.22.
§ 2.3.10
Penalties for Violating the CORI Law and
Regulations
The CORI Reform Law increased the penalties for violating the CORI law and
regulations. Pursuant to G.L. c. 6, § 168, the CRRB may issue orders for violation of the CORI law and regulations including civil fines of up to $5,000 per
violation. In addition, the criminal penalties for violating the CORI law also
increased. Pursuant to G.L. c. 6, §178, an individual may be punished by a sentence of up to one year in a jail or house of correction and/or a fine of up to
$5,000 per offense. In the case of a violation by an entity that is not a natural
2–22
§ 2.3
person, the fine may be increased up to $50,000. The amended law also includes
a provision that exempts a finding of violation by a law enforcement officer who,
in good faith, communicates or seeks to communicate CORI in furtherance of
his or her official duties. The DCJIS has issued forms that job applicants and
others can use to report violations of CORI laws and regulations to DCJIS, included at the end of this chapter as Exhibit 2H and Exhibit 2I.
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EXHIBIT 2A—Summary of CORI Access
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EXHIBIT 2B—Individual Registration Guide
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EXHIBIT 2C—Organization Registration Guide
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EXHIBIT 2D—Advocate CORI Request
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EXHIBIT 2E—Model CORI Policy
DCJIS MODEL CORI POLICY
This policy is applicable to the criminal history screening of prospective and
current employees, subcontractors, volunteers and interns, professional licensing
applicants, and applicants for the rental or leasing of housing.
Where Criminal Offender Record Information (CORI) and other criminal history
checks may be part of a general background check for employment, volunteer
work, licensing purposes, or the rental or leasing of housing, the following practices and procedures will be followed.
I. CONDUCTING CORI SCREENING
CORI checks will only be conducted as authorized by the DCJIS and MGL c. 6,
§.172, and only after a CORI Acknowledgement Form has been completed.
With the exception of screening for the rental or leasing of housing, if a new
CORI check is to be made on a subject within a year of his/her signing of the
CORI Acknowledgement Form, the subject shall be given seventy two (72)
hours’ notice that a new CORI check will be conducted.
If a requestor is screening for the rental or leasing of housing, a CORI Acknowledgement Form shall be completed for each and every subsequent CORI check.
II. ACCESS TO CORI
All CORI obtained from the DCJIS is confidential, and access to the information
must be limited to those individuals who have a “need to know”. This may include, but not be limited to, hiring managers, staff submitting the CORI requests,
and staff charged with processing job applications. (Requestor Organization
Name) must maintain and keep a current list of each individual authorized to
have access to, or view, CORI. This list must be updated every six (6) months
and is subject to inspection upon request by the DCJIS at any time.
III. CORI TRAINING
An informed review of a criminal record requires training. Accordingly, all personnel authorized to review or access CORI at (Requestor Organization Name)
will review, and will be thoroughly familiar with, the educational and relevant
training materials regarding CORI laws and regulations made available by the
DCJIS.
2–45
Additionally, if (Requestor Organization Name) is an agency required by MGL
c. 6, s. 171A, to maintain a CORI Policy, all personnel authorized to conduct
criminal history background checks and/or to review CORI information will
review, and will be thoroughly familiar with, the educational and relevant training materials regarding CORI laws and regulations made available by the DCJIS.
IV. USE OF CRIMINAL HISTORY IN BACKGROUND SCREENING
CORI used for employment purposes shall only be accessed for applicants who
are otherwise qualified for the position for which they have applied.
Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on background
checks will be made consistent with this policy and any applicable law or regulations.
V. VERIFYING A SUBJECT’S IDENTITY
If a criminal record is received from the DCJIS, the information is to be closely
compared with the information on the CORI Acknowledgement Form and any
other identifying information provided by the applicant to ensure the record belongs to the applicant.
If the information in the CORI record provided does not exactly match the identification information provided by the applicant, a determination is to be made
by an individual authorized to make such determinations based on a comparison
of the CORI record and documents provided by the applicant.
VI. INQUIRING ABOUT CRIMINAL HISTORY
In connection with any decision regarding employment, volunteer opportunities,
housing, or professional licensing, the subject shall be provided with a copy of
the criminal history record, whether obtained from the DCJIS or from any other
source, prior to questioning the subject about his or her criminal history. The
source(s) of the criminal history record is also to be disclosed to the subject.
VII. DETERMINING SUITABILITY
If a determination is made, based on the information as provided in section V of
this policy, that the criminal record belongs to the subject, and the subject does
not dispute the record’s accuracy, , then the determination of suitability for the
position or license will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to, the following:
2–46
(a) Relevance of the record to the position sought; (b) The nature of
the work to be performed;
(c) Time since the conviction;
(d) Age of the candidate at the time of the offense;
(e) Seriousness and specific circumstances of the offense; (f) The
number of offenses;
(g) Whether the applicant has pending charges;
(h) Any relevant evidence of rehabilitation or lack thereof; and
(i) Any other relevant information, including information submitted
by the candidate or requested by the organization.
The applicant is to be notified of the decision and the basis for it in a timely
manner.
VIII. ADVERSE DECISIONS BASED ON CORI
If an authorized official is inclined to make an adverse decision based on the
results of a criminal history background check, the applicant will be notified
immediately. The subject shall be provided with a copy of the organization's
CORI policy and a copy of the criminal history. The source(s) of the criminal
history will also be revealed. The subject will then be provided with an opportunity to dispute the accuracy of the CORI record. Subjects shall also be provided
a copy of DCJIS’ Information Concerning the Process for Correcting a Criminal
Record.
IX. SECONDARY DISSEMINATION LOGS
All CORI obtained from the DCJIS is confidential and can only be disseminated
as authorized by law and regulation. A central secondary dissemination log shall
be used to record anv dissemination of CORI outside this organization, including
dissemination at the request of the subject.
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EXHIBIT 2F—CORI Acknowledgment Form
CRIMINAL OFFENDER RECORD INFORMATION (CORI)
ACKNOWLEDGEMENT FORM
TO BE USED BY ORGANIZATIONS CONDUCTING CORI CHECKS
FOR EMPLOYMENT, VOLUNTEER, SUBCONTRACTOR, LICENSING,
AND HOUSING PURPOSES.
__________is registered under the provisions of M.G.L. c. 6, § 172 to receive
CORI for the purpose of screening current and otherwise qualified prospective
employees, subcontractors, volunteers, license applicants, current licensees, and
applicants for the rental or lease of housing.
As a prospective or current employee, subcontractor, volunteer, license applicant, current licensee, or applicant for the rental or lease of housing, I understand that a CORI check will be submitted for my personal information to the
DCJIS. I hereby acknowledge and provide permission to __________ to submit
a CORI check for my information to the DCJIS. This authorization is valid for
one year from the date of my signature. I may withdraw this authorization at any
time by providing __________ written notice of my intent to withdraw consent
to a CORI check.
FOR EMPLOYMENT, VOLUNTEER, AND LICENSING PURPOSES ONLY:
the __________ may conduct subsequent CORI checks within one year of the
date this Form was signed by me provided, however, that __________ must first
provide me with written notice of this check.
By signing below, I provide my consent to a CORI check and acknowledge that
the information provided on Page 2 of this Acknowledgement Form is true and
accurate.
SIGNATURE
DATE
2–49
SUBJECT INFORMATION: (A red asterisk (*) denotes a required field)
*Last Name
*First Name
Middle Name
Suffix
Maiden Name (or other name(s) by which you have been known)
*Date of Birth
Place of Birth
*Last Six Digits of Your Social Security Number:_____-_____
Sex:
Height: _____ ft. _____ in. Eye Color:
Race:
Driver’s License or ID Number: __________ State of Issue: _____
Mother’s Full Maiden Name
Father’s Full Name
Current and Former Addresses:
Street Number and Name
City/Town
State
Zip
Street Number and Name
City/Town
State
Zip
The above information was verified by reviewing the following form(s) of
government-issued identification:
VERIFIED BY:
Name of Verifying Employee (Please Print)
Signature of Verifying Employee
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EXHIBIT 2G—Complaint Form: Incorrect CORI
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Department of Criminal Justice Information Services
200 Arlington Street, Suite 2200, Chelsea, MA 02150
TEL: 617-660-4600 | TTY: 617-660-4606 | FAX: 617-660-4613
mass.gov/cjis
COMPLAINT FORM
Incorrect Criminal Offender Record Information
Complaint Type: Incorrect CORI
Agency/Organization:Organization __________________________________________
Name:
Title
Last
First
Middle
Suffix
Current Address: _____________________
State: ___________________
Former Address:
Apt/Unit: ________
Country: ________________________
_____________________ Apt/Unit: __________ City:
State: ___________________
Phone Number 2:
E-mail:
E-mail:
______ _____ _____
Month Day Year
Height: __________
Zip Code: _________
________________________
Country: ________________________
Phone Number 1:
Date of Birth:
City: ________________________
Weight: __________
Zip Code: _________
Social Security Number _________________________
Eye Color: __________
Hair Color: __________
Names Previously Used:
First
Middle
Last
Suffix
First
Middle
Last
Suffix
First
Middle
Last
Suffix
Mother Maiden Name: _________________________ Father’s Name:_______________________________
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Description of Complaint:
1. List all criminal offenses that presently appear on your CORI that you allege are inaccurate. Include the arraignment date, court, docket number, and offense for each charge.
Attach additional sheets if necessary.*
2. Provide a detailed explanation of why you believe the identified CORI data is inaccurate.*
3. State the steps you have taken, if any, to correct the inaccurate CORI.*
4. State the correction you believe is necessary to correct the inaccurate CORI.*
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By signing below, I attest that the information provided in this complaint, and in support
thereof, is true to the best of my knowledge.
Signed under the penalties of perjury.
Name
Signature
Date
Attach/Include Files
1. Please attach/include any documentation or correspondence you may have to support
your complaint.
2. Please attach/include a legible copy of Government-issued, photo identification.
Submit Complaint
This completed complaint form and all required and available supporting documentation
must be mailed to the following:
Massachusetts Department of Criminal Justice Information Services
ATTN: Legal Department
200 Arlington Street, Suite 2200, Chelsea MA 02150
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EXHIBIT 2H—Complaint Form: CORI Regulatory
Violations
TEL: 617-660-4600 | TTY: 617-660-4606 | FAX: 617-660-4613
mass.gov/cjis
COMPLAINT FORM
Criminal Offender Record Information Regulatory Violations
Complaint Type: CORI Regulatory Violations
Name:
Title
Last
First
Middle
Suffix
Current Address: _____________________
State: ___________________
Former Address:
Apt/Unit: ________
Country: ________________________
_____________________ Apt/Unit: __________ City:
State: ___________________
Country: ________________________
Phone Number 1:
Phone Number 2:
E-mail:
E-mail:
Date of Birth:
City: ________________________
______ _____ _____
Month Day Year
Zip Code: _________
________________________
Zip Code: _________
First
Middle
Last
Suffix
First
Middle
Last
Suffix
First
Middle
Last
Suffix
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Description of Complaint
1. List the names and contact information for the organization you allege has violated the
CORI statute or regulations.*
2. List the name and contact information for the individual(s) that you allege has violated
the CORI statute or regulations.*
3. If known, please cite which part(s) of the CORI statute or regulation you allege has
been violated.*
4. In as much detail as possible, please describe the alleged violation(s). Include in your
description all circumstances that are relevant to this complaint.*
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5. State whether your are, or ever were, a party to any civil or criminal action, or action
filed with an administrative agency, related to the allegations contained in your complaint. If so, please list the parties involved, the nature and status of the civil, criminal, or
administrative agency action, the court or administrative agency in which this action was
filed, and the reference or docket number.*
6. List the name and contact information for any individual(s) that has information that
may support this complaint.*
Name
Signature
Date
your complaint.
Submit Complaint
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EXHIBIT 2I—Complaint Form: Improper Access or
Dissemination of CORI
TEL: 617-660-4600 | TTY: 617-660-4606 | FAX: 617-660-4613
mass.gov/cjis
COMPLAINT FORM
Criminal Offender Record Information Regulatory Violations
Complaint Type: CORI Regulatory Violations
Name:
Title
Last
First
Middle
Suffix
Current Address: _____________________
State: ___________________
Former Address:
Apt/Unit: ________
Country: ________________________
_____________________ Apt/Unit: __________ City:
State: ___________________
Country: ________________________
Phone Number 1:
Phone Number 2:
E-mail:
E-mail:
Date of Birth:
City: ________________________
______ _____ _____
Month Day Year
Zip Code: _________
________________________
Zip Code: _________
First
Middle
Last
Suffix
First
Middle
Last
Suffix
First
Middle
Last
Suffix
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Description of Complaint:
1. Describe the Criminal Justice Information System (CJIS) information (i.e., driver's
license information, warrant information, driving history) that was allegedly improperly
accessed and/or disseminated.*
2. State when you believe your information was improperly accessed and/or disseminated. Please include all relevant dates.*
3. State whom you believe improperly accessed and/or disseminated your information.
Please provide contact information for this individual, if known.*
4. State to whom you believe your information was improperly accessed and/or disseminated. Please provide contact information, if known, for this/these individuals.*
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5. State whether your are, or ever were, a party to any civil or criminal action, or action
filed with an administrative agency, related to the allegations contained in your complaint. If so, please list the parties involved, the nature and status of the civil, criminal, or
administrative agency action, the court or administrative agency in which this action was
filed, and the reference or docket number.*
6. List the name and contact information for any individual(s) that has information that
may support this complaint.*
7. In as much detail as possible, describe how your information was allegedly improperly
accessed and/or disseminated.* (attach additional sheets if necessary)
Name
Signature
Date
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your complaint.
Submit Complaint
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What Access Do Employers Have to CORI?

Transcription

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