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On July 31, 2010, the Massachusetts legislature adopted CORI reform. CORI means Criminal Offender Record Information. It is a person’s criminal history. In this article we will explore CORI reform in Massachusetts and cover the types of entries on a criminal record that are eligible to be sealed. Sealing a criminal record in Massachusetts can be difficult and should not be undertaken without having an experienced Massachusetts criminal defense attorney with you to guide you deftly though an often convoluted process. The successful sealing your record in Massachusetts means that you maintain and ensure that past court involvement stays confidential by prohibiting access to that information by potential employers, school officials, public housing authorities, and others.

If you have ever been charged with a crime in a state or federal court in Massachusetts, whether your case ended with or without a conviction, a verdict of not guilty, or the charges were thrown out or dismissed, you will still have a CORI in Massachusetts and that information is accessible to others. Under the old CORI law employers could ask about past criminal involvement right away on a job application and thereby limit the applicant pool for a particular job. Under the new CORI law, employers can’t ask up front on the first job application but may ask about it later in the application process and request that a potential employee make that information available. Successfully sealing your CORI can prevent such an intrusion into your privacy. Fortunately, the waiting periods for sealing felony and misdemeanor cases will been shortened soon to allow petitioners to request to seal a felony conviction after 10 years (previously 15 years) and a misdemeanor conviction after five years (previously 10 years). The reduction in these sealing periods and the other important sections of the CORI law become effective in May 2012. However, now is the time to get started by obtaining a copy of your CORI and contacting an experienced Boston criminal defense lawyer to help seal or expunge your Massachusetts criminal record.

The procedures for sealing criminal records are contained in Massachusetts G.L. c. 276, §§§ 100A, 100B and 100C. In certain cases, a Petition to Seal may be made directly to the Commissioner of Probation for those entries that are “aged out.” This means that all of your court appearances and court disposition records, including the termination of your probation or any sentence for any misdemeanor must have occurred not less than ten years prior to the filing of the Petition to Seal. It also requires that all of your court appearances and court disposition records, including the termination of your probation or any sentence for any felony must have occurred not less than fifteen years prior to the filing of the Petition to Seal. For Juvenile Delinquency court cases or dispositions, there is a three year waiting period before being allowed to file a Petition to Seal.
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It has been a year since Massachusetts introduced the new Harassment Order law (G.L. c. 258E) last May which allows a plaintiff to seek a “Harassment Prevention Order” in court against a defendant for “Harassment”. Since the enactment of the Harassment Law in Massachusetts there has been an explosion of new cases and a corresponding increase in the need for an experienced Boston Criminal Defense Lawyer.

In order to obtain a Harassment Order against another person, the moving party must demonstrate that 3 or more acts were committed against them in a “willful and malicious” manner with “intent to cause fear, intimidation, abuse or property damage.” The Plaintiff can seek a Harassment order in the District Court, Boston Municipal Court, Juvenile Court, or Superior Court.

The principle difference between Abuse Prevention Orders (G.L. c. 209A) and Harassment Orders (G.L. c. 258E) concerns the class of people eligible for relief under each law. With Harassment Orders anyone can seek relief by filing an application in court and proving a case of harassment as defined above by a preponderance of the evidence. The Abuse Prevention Order only allows “Family or Household Members” to seek relief. In short, there must have been a relationship between the parties by marriage, or persons residing together in the same household, or relation at some point by blood or marriage between them. One could also seek an Abuse Prevention Order if they were or had been in a dating relationship with the offending party.

The Harassment Order law re-defines and greatly increases the pool of eligible plaintiffs who have access to the courts to obtain a “Harassment Order”. Consequently, we are now seeing a flood of new filings by neighbor against neighbor which has overwhelmed already swollen court dockets. Due to the increase in cases an experienced Boston Criminal attorney is crucial to have at your side when seeking or defending against Harassment and Abuse Prevention Orders in Massachusetts.
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