Massachusetts passes criminal offender record reform law

On the final day of the 2010 legislative session, the House and Senate approved a criminal records reform bill that had been near the top of ABH”s agenda. When signed by the Governor, the new CORI law will limit access to criminal record information and give first-time offenders a chance at rehabilitation.

“This is for people who made one mistake, who have shown they rehabilitated themselves, to be able to go on with their life,” said Lew Finfer, leader of a coalition lobbying for the changes.

Under the new law, when a defendant is found not guilty, or the case is continued without a finding, the charge will not show up on an employer’s criminal background check. Offenders will have a chance to seal their criminal records with five years of good behavior for a misdemeanor, and 10 years after a felony. Law enforcement agencies will have access to an unedited criminal record, and a sex offender’s records cannot be sealed.

ABH sought the changes to enable persons who have had trouble finding work because of one mistake to get their lives back on track. Many individuals with mental health and/or substance use disorders have criminal records because of the way their illnesses manifest themselves, and the old CORI system impeded their ability to live and work in the community.

In testimony to the Judiciary Committee last year, I stated:

“Access to substance abuse and mental health services, employment opportunities, and the ability to live and thrive in the community are fundamental to the recovery process.”

The Legislature did the right thing in reforming the CORI laws. This was a major step forward for individuals in recovery.