CORI OVERVIEW. By Pauline Quirion Greater Boston Legal Services (March 20, 2018)

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1 CORI OVERVIEW By Pauline Quirion Greater Boston Legal Services (March 20, 2018) CORI Related Changes in the Law and Other Important Issues Jobs NOT Jails Top Five Legislative Priorities Sealing Records at a Glance How to Seal Old Criminal Records Sealing Cases through the Court Process Important CORI Statutes Criminal Records Matter Know Your CORI Rights

2 CORI RELATED CHANGES IN THE LAW AND OTHER IMPORTANT ISSUES By Pauline Quirion, Greater Boston Legal Services (March 12, 2018) 1. Individuals in the sex offender registry can seal criminal cases that are NOT sex offenses. Having to register as sex offender is no longer an automatic bar under G.L. c. 276, 100A to sealing of cases that are not sex offense convictions. The Commissioner of Probation now seals closed cases of people who in the sex offender registry as long as the cases are not sex offense convictions and meet all the other requirements for sealing under G.L. c. 276, 100A. This change in the Commissioner s practice appears to stem from a change in the language of the statute as result of CORI reform in G.L. c. 6, 178G has long provided that if a person is under a duty to register, such sex offender shall not be entitled to relief under the provisions of section 100A or 100B of chapter 276. However, section 100A of chapter 276 was amended to limit the prohibition on sealing to only sex offenses and to permit sealing of Level 1 sex offense convictions after 15 years if a person is no longer required to register as a sex offender People previously registered as level 2 or 3 sex offenders may be able to seal sex offenses. The sealing statute provides that individuals who were ever classified as a Level 2 or Level 3 sex offenders can never seal sex offense convictions. G.L. c. 276, 100A. 2 In 2017, however, the Supreme Judicial Court found this provision unconstitutional as applied to a person who was no longer required to register as a sex offender. Koe v. Comm'r of Prob., 478 Mass. 12 (2017). The Supreme Judicial Court noted that the Koe case presented unique circumstances because the petitioner had been classified as a level 2 sex offender before this change in the sealing statute went into effect and was subsequently relieved of the obligation to register with SORB, that is, has been determined (by SORB) to pose no cognizable degree of dangerousness and no risk of re-offense. Koe, 478 Mass. at This means that a person who was required to register as a level 2 or 3 sex offender prior to May 4, 2012, but has been relieved of the obligation to register and is otherwise eligible for sealing, can contact the Commissioner of Probation s central office at One Ashburton Place in Boston and request sealing of a sex offense conviction after a 15 year waiting period has passed. Practice note. Some attorneys read the Koe case to open the door to sealing to any person who is no longer in the registry and can show he or she does not pose a danger to the public. This is an area of law that will continue to evolve. The Commissioner of Probation did not change the form used for sealing or issue guidance on sealing sex offenses as a result of the Koe case. In addition to completing the standard petition form for sealing, attorneys trying to seal cases of clients who previously had to register as level 2 or 3 sex offenders, at a minimum, should likely send a letter to 1 Sex offenses, as defined in section 178C of chapter 6, shall not be eligible for sealing for 15 years following their disposition, including termination of supervision, probation or any period of incarceration, or for so long as the offender is under a duty to register in the commonwealth or in any other state where the offender resides or would be under such a duty if residing in the commonwealth, whichever is longer; provided, however, that any sex offender who has at any time been classified as a level 2 or level 3 sex offender, pursuant to section 178K of chapter 6, shall not be eligible for sealing of sex offenses. G.L. c. 276, 100A. 2 The sex offenses prohibited from sealing are listed in Section 178C of Chapter 6.

3 the Commissioner and other documentation addressing public safety concerns and explaining why the case presents unique circumstances that support an as applied constitutional exception. 3. Review CORI reports for possible vacating of drug convictions because of drug lab scandals and federal policies targeting immigrants and people with criminal histories. Any person who was convicted of a drug offense in a case between 2003 and 2012 in a Massachusetts state court, may be able to get the conviction vacated due to the Hinton Laboratory scandal involving chemist Annie Dookhan. On April 19, 2017, the Supreme Judicial Court ordered the dismissal of 21,587 criminal cases where evidence had passed through the Hinton Laboratory. Defendants in these cases suffered incarceration and loss of employment opportunities, loss of college financial aid and housing assistance, immigration consequences, and among other adverse effects due to their convictions. In addition, more cases will be vacated this year due to another drug lab scandal involving Sonja Farak, another chemist. The damage from these scandals is incalculable. CPCS set up a hotline number for people to call at and the hotline is open 9:30 a.m. to 5:00 p.m. on weekdays. CPCS also set up an internet link to make it easier for people to seek their help in vacating these convictions at: The current federal administration has announced a crackdown on illegal immigration and limitations on the avenues available to obtain lawful status. Any conviction creates barriers to housing, jobs and other opportunities, but immigration consequences from a conviction or a continuance without a finding (CWOF) can be even more serious. A conviction or CWOF may be grounds for removal or deportation. Thus, vacating of these convictions is very important especially to immigrant clients. 4. Decriminalization of marijuana means certain marijuana possession convictions can be sealed through the administrative process under G.L. c. 276, 100A. Voters approved a ballot initiative in 2016 which decriminalized possession of up to 2 ounces of marijuana outside the home and larger amounts of marijuana under lock at home as well as possession of a limited number of marijuana plants. G.L. c. 94G, 13(e). The Massachusetts sealing law permits a person to seal crimes that are no longer criminal offenses. G.L. c 276, 100A. Thus, for example, if a person has a past criminal case for marijuana possession AND the case involved only 2 ounces or less of marijuana outside the home, he or she can seal the possession case now instead of having to wait until the waiting period to seal criminal case expires. The new law covers only charges for possession and not possession with the intent to distribute or other drug crimes. 5. Records cleaned up after repeal of law requiring suspension of a driver s license for any drug conviction. On March 30, 2016, Governor Baker signed An Act Relative to Motor Vehicle Licenses Suspension (Senate Bill 2021) into law. This bill repealed a rather draconian provision in G.L. c. 94C enacted during the heyday of the war of drugs which had mandated a license suspension for any person convicted of a drug offense. The suspensions often made it hard for people to get to work, obtain new employment, travel to treatment providers and maintain social networks needed to maintain sobriety or advance professionally. The sanction was widely criticized because a driver s license had nothing to do with the underlying offense. As a result of the new law, the Registry of Motor Vehicles (RMV) no longer suspends a person s license after a drug convictions, except for trafficking convictions for substances other than marijuana. G.L. c. 94C. People who lost their drivers licenses

4 because of a drug conviction before the law changed in 2016, can get their licenses back immediately and do not have to pay the $500 reinstatement fee. As of October 2016, the RMV was required to remove all information about these drug convictions from public driving records. This change in the law does not apply to driving under the influence of alcohol (DUI) convictions or other alcohol offenses. 6. Legislation on the horizon. Landmark smart on crime legislation is pending to address the many consequences of CORI and to repeal mandatory minimum sentences, eliminate probation, parole and counsel fees that indigent defendants cannot afford, increase the felony larceny threshold to $1500, further reduce waiting periods to seal criminal and juvenile records, permit people to say they have no records after sealing records when they apply for housing and trade licenses, permit expungement of adult and juvenile records, require consideration of alternatives to incarceration for primary caretakers of children, raise the age of juvenile court through age 18, and address other inequities in the law. 7. Steps backwards on trade and occupational licensing barriers related to CORI. Both the Department of Utilities which regulates network transportation drivers such as Uber, and the Cannabis Control Commission which regulates who can work in the new marijuana industry, have included many CORI related disqualifications in their regulations, including some disqualifications based on cases dismissed after a continuance without a finding. It seems likely that at least some of these very broad disqualifications will be challenged eventually.

5 JOBS NOT JAILS COALITION TOP FIVE LEGISLATIVE PRIORITIES We thank the House and the Senate for their incredible work on criminal justice reform and ask for the following regarding House bill 4043 and Senate bill 2200 in the Conference Committee. CORI Consequences. We need to prevent or reduce CORI consequences and barriers to jobs and other opportunities that shut people out of the economy and housing. Thank you for including and please keep provisions from both bills that would: Reduce waiting periods to seal cases to 7 years for felony/3 years for misdemeanor. (House 81-82; Senate ). Make resisting arrest convictions sealable (House 81-82, Senate 294). Reconcile differences between the House and Senate bills and include provisions that would: Permit applicants for housing and ALL applicants for trade licenses to say they have no record after their records are sealed. (Senate ). Only the senate bill includes people with sealed convictions applying for trade licenses. 1 in 4 people need such a license to work and it is unfair to leave out those with convictions who already waited so long to seal their records. Recidivism studies show that by the time convictions are sealed, the likelihood of re-offending is the same as a person without a past record. Change the definition of CORI to exclude cases dismissed before arraignment and any juvenile cases that now appear on adult CORI reports. (Senate 7-9). Increase felony larceny threshold. Update the amount at which larceny becomes a felony to $1500 to stop making felons of countless people charged with low level crimes; include ALL felony-larceny offenses as provided in the Senate bill. Rates of larceny in MA decreased after the threshold was last increased in A threshold of $1500 is needed so it will not become quickly outdated. Studies show increasing thresholds do not increase crime. Fees-Fines. End costs that make cases drag on, trap people in poverty, and lead to more incarceration. Include provisions that would: Ensure due process protections: require courts to inform defendants that failure to pay fees may result in incarceration and they have a right to raise inability to pay fees or fines (House 91); require appointing of counsel and financial hardship determination before jail for not paying fees or fines. (House 37). Increase fine time (an amount credited to owed fees for each day you are jailed for non-payment of fees or fines) from $30 to $90. (House 36; Senate 187); stop juvenile jailing for unpaid fees (Senate 188). Permit fee waivers for substantial financial hardship and improve House bill 1 definition of financial hardship by including health, transportation and other expenses like SJC Court Rule 3.10 on fee waivers. Abolish parole fees. (Senate 323). Waive probation fees for substantial financial hardship (Senate ) and phase out counsel fees based on substantial financial hardship and indigency. (Senate ). Limit community service (in lieu of a probation fee) to no more than 4 hours per month to reduce hardship on people trying to keep or find a job, go to school, or care for children. (Senate 287). Provide payment plans for registry of motor vehicle fees. (Senate 85). End All Mandatory Minimum Sentences for drug cases. Return the task of sentencing to judges and allow people in jail for offenses repealed by this bill to begin earning good time as of the new law's effective date. (Senate 343).

6 Justice Reinvestment Fund. Establish a justice reinvestment fund, but revise the provision to reinvest ALL savings from reduced incarceration into job training and community based support for former prisoners. (Senate 26). OTHER IMPORTANT PRIORITIES Permit juveniles to request sealing of cases ending in dismissal or other non-adjudications by a judge without waiting (in same way adults can seal cases that ended in dismissal, nolle prosequi, or a not guilty finding), and reduce the waiting period for sealing of juvenile records from 3 years to 1 year. (Senate 299). Expungement of juvenile records, criminal records for young adults aged 18 to 21, and other records (including adult cases) where (1) a complaint issued due to misidentification or other errors; (2) the defendant had no connection to the criminal activity; (3) a person impersonated or used the defendant s name; (4) there was fraud on the court; (5) lack of probable cause; or (6) the offense was decriminalized (i.e. marijuana). (House 87 and Senate 304 combined). Also add expungement for victims of trafficking whose cases are sealed or whose convictions are set aside. Raise juvenile court ages to age 12 and 18 so that an age appropriate judicial approach is applied, and fewer cases appear on CORI reports. (Senate ). Permit treatment of juvenile misdemeanors as civil infractions. (Senate 313; House 90). Eliminating loss of a driver s license for tagging, vandalism, property damage. (Senate ; House 47, 60, 61). Provide juveniles and adults in custody with information about CORI (House 114). Increase anti-discrimination protection by amending chapter 151B to prohibit employers from asking about expunged or sealed records, and asking about misdemeanor convictions more than 3 years old (rather than 5 years old) which is consistent with shorter waiting periods for sealing. Require Probation to notify the FBI of sealing or expungement of cases and to request the FBI do the same with its records on same offenses. (House 87, subsection 100T). Permit vacating of convictions of trafficking victims on the merits and sealing of the same cases as provided in Senate version. (Senate 235, 303 subsection 100i). Restorative justice and diversion programs. Permit diversion of adult and juvenile cases to community restorative justice and other programs before or after arraignment. (House 89; Senate 312). Require consideration of alternatives to incarceration for a child s primary caretaker. (Senate 317). Prison phone rates study. House bill only (s135). The present price gouging related to use of pay phones by people who are incarcerated works a hardship not only on them, but erodes family and social networks needed to successfully re-enter society and the workforce. House bill only ( 135).

7 SEALING RECORDS AT A GLANCE Most criminal records can be sealed through an administrative process by mail after a waiting period, or by a judge without a waiting period. Get certified copies of docket sheets before you seal cases in case you need these later. If you are not a citizen, get advice from an immigration lawyer before sealing your records. ADMINISTRATIVE PROCESS. Most cases can be sealed after a waiting period by mail (or hand delivery) of a form to the Commissioner of Probation. (G.L. c. 276, 100A). The waiting period for a misdemeanor is 5 years and 10 years for a felony. But every new conviction or incarceration restarts the clock. If you were found guilty, the case can only be sealed through the administrative process, except for 1st time drug possession convictions which can also be sealed by a judge. Cases that ended in a not guilty finding, a dismissal or a nolle prosequi (D.A. dropped the case) can be sealed by this same process after the same waiting periods, OR by a judge in court without a waiting period. Juvenile court cases can be sealed by the same administrative process after only a 3 year waiting period. (G.L. c. 276, 100B). Convictions for Certain Offenses (But Not Dismissals or Non-Convictions) Have Longer Waiting Periods or Can Never Be Sealed. (G.L. c. 276, 100A; c A; c. 140, H). Misdemeanor convictions for violations of abuse prevention and harassment prevention orders have a 10 year waiting period. Sex offense convictions requiring registering with e Sex Offender Registry are not eligible to seal until 15 years after the last event in the case such as release from jail. Most sex offense convictions of Level 2 or 3 sex offenders can NEVER be sealed. Public justice crime convictions (resisting arrest, witness intimidation) and certain convictions for violations of firearms laws, state ethics laws and conflicts of interest laws (i.e. bribery of an elected official, etc.) can NEVER be sealed. COURT PROCESS TO SEAL. Certain cases that ended favorably may be sealed in the court that handled the cases. (G. L. c. 276, 100C; G.L. c. 94C, 34, 44). A judge can seal records after a hearing for: a case where you were found not guilty, or the case was dismissed, or ended in a nolle prosequi; or a first time drug possession conviction where you did not violate court orders or conditions connected to being on probation such as drug treatment. The court process to seal cases is free and involves filing a petition and going to one or two hearings. Notice of the final hearing is posted in court for 7 days or more. The legal standard to seal records was lowered to good cause due to SJC ruling in Commonwealth v. Pon, 469 Mass. 296 (2014). You no longer must show a risk of specific harm, but have to show there is a credible disadvantage now or likely to exist in the foreseeable future due to your CORI. Judges may take judicial notice that the existence of a criminal record, regardless of what it contains, can present barriers to housing and employment opportunities. After you seal all your records, you can say I have no record when interviewing for jobs. G.L. c. 276, 100A. Get more information at Masslegalhelp.org This summary was last updated on March 12, 2018.

8 HOW TO SEAL OLD CRIMINAL RECORDS STEP ONE. Get a copy of your criminal record report which is called Criminal Record Offender Information (CORI). STEP TWO. Look at your CORI report to figure out whether cases might be sealed by mail. Most convictions from a Massachusetts state court can be sealed by filling in a form and mailing a Petition to Seal to the Commissioner of Probation after a waiting period. A misdemeanor is a crime punishable IMPORTANT. If you are not a citizen, have immigration issues or are living here without legal documents, you should not seal your record without getting certified copies of the docket sheets and complaint from the courthouse file. It is also important to get advice from an immigration attorney. by a maximum term of 2.5 years of incarceration even if you do not go to jail or serve the maximum sentence. A felony is a crime punishable by more than 2.5 years of incarceration even if you do not go to jail or serve the maximum sentence. Your CORI report should say if a case is a misdemeanor or felony. A list of common offenses is included after this summary to help you figure out which of your cases might be sealed. Basic rule. You are eligible to seal a conviction OR non-conviction after a waiting period of 5 years if it is a misdemeanor or after 10 years if it is a felony provided that: You have no new conviction(s) (except motor vehicle convictions with a fine not greater than $50) during the same period in or outside Massachusetts; AND you did not serve a jail sentence during the same period in or outside Massachusetts, AND you are not now required to register as a sex offender for the offense. Convictions. For any conviction, the waiting period starts from the date you were found guilty OR released from incarceration whichever is later. For example: Jae was found guilty of a felony on May 4, 2010, was on probation for a year, and his case was closed on May 1, He can seal it by mail on May 4, years after the guilty finding. Every time you are convicted or incarcerated, the clock re-starts to add another waiting period which is 5 years for a misdemeanor and 10 years for a felony. For example: Pat was found guilty of misdemeanor on May 1, 2011 and on May 1, 2012 was found guilty of a felony, but did not go to jail. She cannot seal either case until May 1, years from the date of the last conviction. Jack was found guilty of a misdemeanor and given a 1 year jail sentence on May 4, He was released from jail on June 4, He can seal his record by mail on June 4, years from his release from incarceration. Greater Boston Legal Services, 197 Friend Street, Boston, MA 02114

9 Non-convictions. If you were found not guilty or your case was dismissed, or the District Attorney dropped the case (a nolle prosequi ), the 5 or 10 year waiting period runs from the date of this disposition. For example: Joe s misdemeanor case was dismissed on May 4, He can seal it by mail on May 4, If he does not want to wait that long, he can ask a judge to seal the case. Courts can seal dismissed cases or cases that ended in a nolle prosequi (a prosecutor dropped the case) or a not guilty finding without a waiting period. Exception for a CWOF (Continuance without a Finding). If your case was dismissed after a CWOF, the waiting period starts on the date of the CWOF, not the later date of dismissal. You still use the same waiting periods depending on whether the case was for a felony (10 years) or a misdemeanor (5 years). For example: A judge entered a CWOF in Conrad s felony case on May 10, 2012, and his case was dismissed on May 10, He can seal it by mail on May 10, If he does not want to wait that long, he can ask a judge to seal the case. Courts can seal a dismissed case without a waiting period. Exceptions with Longer Waiting Periods. Restraining order violation convictions. A conviction for violation of an abuse prevention or harassment prevention order is treated as a felony for purposes of sealing records. It has a 10 year waiting period. If you are not convicted, such a case has a 5 year waiting period. Sex offense conviction. The waiting period for sealing of sex offense convictions that are sealable is longer than for other types of convictions. Any conviction for a sex offense that required registering with the Sex Offender Registry is not eligible for sealing until 15 years after the very last event in the case, including the end of supervision, probation, or release from incarceration. Convictions That Can Never Be Sealed. Sex Offense by Level 2 and 3 Sex Offender Status. The law states that if a person is or was ever registered as a Level 2 or Level 3 sex offender, he or she can NEVER seal convictions for certain sex offenses (i.e. rape of a child, assault with intent to rape, drugging a person for sex and other offenses as defined by Section 178C of Chapter 6 of the Mass. General Laws). 3 But the person can seal other cases eligible for sealing. Public Justice Crimes and Other Exceptions. Other convictions which can never be sealed include: Some firearms convictions, including but not limited to selling ammunition or a gun without a firearm license, or buying a gun from an unlicensed dealer (G.L. 140, H: ); or 3 However, in September 2017, the Supreme Judicial Court found this law unconstitutional as applied to a person who was no longer required to register as a sex offender. Koe v. Comm'r of Probation, 478 Mass. 12 (2017). This means if the 15 year waiting period has passed, a person who is no longer in the sex offender registry can ask to seal the sex offense convictions through the Commissioner of Probation s office at One Ashburton Place in Boston.

10 Crimes against the Public convictions including but not limited to resisting arrest, perjury, witness intimidation, or aiding escape from jail (G.L. c. 268: ); or State ethics related convictions such as bribes to public officials (G.L. c. 268A). IMPORTANT. Even if you have a conviction that can never be sealed, you can still seal other types of cases that are eligible for sealing. Also, if your case for one of these never sealable crimes was dismissed or there was a not guilty finding or a nolle prosequi (dropping of the case), the case can be sealed. Only convictions for these charges can never be sealed. Tips that might help you: If you have a conviction for an offense that is no longer a crime such as possession of an ounce or less of marijuana, it can be sealed immediately using the same form under Box 4 of the form used to seal cases unless the elements of the charged offense are a crime under a different law. If you have old non-convictions such as dismissed cases or cases that ended in a nolle prosequi (a dropped case) or a not guilty finding that are at least 5 years old if the cases are misdemeanors, or at least 10 years old if the cases are felonies, these cases can be sealed at the same time using the same form if you have had no other convictions during the same time period. Juvenile records can be sealed using the same form if all juvenile cases closed at least 3 years ago, AND: o You have no new juvenile adjudications or convictions (except motor vehicle convictions with a fine not greater than $50) during the last 3 years, and o o No juvenile commitments or imprisonment in the last 3 years in or outside Massachusetts, and You are not required to register as a sex offender for the offense. (G.L. c. 6, 178G): STEP THREE. These aged out juvenile cases can be sealed by checking off the first box on the same form used to seal adult cases. It is a good idea to get certified copies of the records before sending in the form to seal your records. You might need copies of the criminal record you sealed in the future. If you are not a citizen, you may need certified copies for immigration purposes. If you apply for a job with the federal government (U.S. Census, Social Security, Post Office, IRS, etc.), the FBI often has a record of the fact that a criminal case was filed without information about the outcome. You can use the certified copies to explain what happened without having to unseal each case that you sealed. STEP FOUR. Fill out the PETITION TO SEAL form and mail it to the Commissioner of Probation, One Ashburton Place, Rm 405, Boston MA A model form is attached. Write neatly or type the petition. You must also sign the petition at least twice. The reply letter will be mailed to you at the address that you list.

11 STEP FIVE. You will get a reply by mail from the Commissioner of Probation within a week or two weeks telling you whether your request to seal your record was approved. If the petition is denied, seek legal advice from an attorney about your rights. AFTER THE RECORD IS SEALED The Ban the Box law prohibits most employers from asking about criminal cases on an initial job application whether or not the record is sealed. If an employer wants to know if you have a criminal record after all your cases are sealed, you may answer I have no record. G.L. c A. LEGAL RESOURCES FOR LOW INCOME PEOPLE If you live in the Boston area, call or If you live outside of Boston, you can find another legal aid program near you at: To read more information on CORI and get forms, go to the CORI part of the Mass Legal Help website: To request CORI online and get more information from the Department of Criminal Justice Information Services, go to: Read the Greater Boston Legal Services (GBLS) booklets at Booklet 1: How to Get a Copy of Your Criminal Record (CORI) Booklet 2: How to Seal Old Criminal Cases Booklet 3: Sealing Cases that Ended without a Conviction or First Time Drug Convictions Booklet 4: Representing Yourself in Court After Filing a Petition to Seal Criminal Cases Booklet 5: One Stop CORI Sealing in Boston Municipal Court Booklet 6: What You Should Know about Drivers' Licenses and Drug Convictions Booklet 7: How to Seal Decriminalized Marijuana Cases Booklet 8: Avoiding Guilty Pleas and Criminal Case Dispositions that Give You Life-Time Criminal Records This information is provided as a public service by Greater Boston Legal Services and does not constitute legal advice which can only be given to you by your own attorney. This information relates to criminal records located in Massachusetts and to the laws, forms, and practices in effect as of March 12, 2018.

12 COMMON MISDEMEANOR AND FELONY OFFENSES By Greater Boston Legal Services, 197 Friend St., Boston, MA Armed assault in dwelling house: c. 265, s. 18A (felony) Armed robbery: c. 265, s. 17 (felony) Unarmed robbery: c. 265, s. 19 (felony) Arson: c. 266, s. 1 (felony) Assault: c. 265, s. 13 (misdemeanor) Assault & battery: c. 265, s. 13A (misdemeanor, but an A & B while Ch. 209A order in effect is a felony; indecent A & B is a felony) Assault & battery on elder or disabled: c. 265, s. 13k (felony) Assault or assault & battery on an EMT: c. 265, S 131 (misdemeanor) Assault & battery on public employee: c. 265, s. 13D (misdemeanor) Assault and battery with a dangerous weapon: c. 265, s. 15A (felony) Assault with a dangerous weapon on elder: c. 265, s. 15B (felony) Assault on child less than 16 with intent to rape: c. 265, s. 24B (felony) Assault-indecent assault (felony) *on child less than 14: c. 265, s. 13B *aggravated on child less than 14 *subsequent offense on child less than 14 *on mentally retarded *on elder or disabled Assault with intent to commit felony: c. 265, s. 29 (felony) Assault with intent to rape: c. 265, s.24 (felony) Assault with intent to rob or murder (armed): c. 265, s. 18 (felony) Assault with intent to rob or murder (Unarmed): c.265, s 20 (felony) Breaking & Entering building: 266 s. 16 (felony) Burglary, unarmed: c. 266, s. 15 (felony) Burglary, armed assault: c. 266, s. 14 (felony) Burglary tools possession: c. 266, s. 49 (felony) Carjacking: c. 265, s. 21A (felony) Common night walker: c. 272, s. 53 (misdemeanor) Criminal harassment: c. 265, s. 43 A (misdemeanor) Uninsured motor vehicle second offense c. 90, s. 34J (misdemeanor) Criminal harassment: c. 265, s. 43A (misdemeanor) Dangerous weapon, carrying or unlawful possession: c. 269, s. (10(b) & 10(d)) Disorderly person, c. 272, s. 53 (misdemeanor) Destruction of property-see malicious destruction

13 Drug possession- Possession of controlled substance: c. 94C, s. 34: *misdemeanor for class A, B, C, D, or E *misdemeanor for heroin *2nd offense heroin: felony *Possession of two ounce or less of marijuana in public is no longer a crime, but more than 2 ounces of marijuana is a misdemeanor Drug possession-controlled substance with intent to distribute: c. 94C, s D Class A, B, C (felony) Drug Possession of controlled substance with intent to distribute: Class D & E: misdemeanor Drug: Possession of drug paraphernalia, c. 94c, s. 32I (misdemeanor) Drug sale in school zone: c. 94C, s. 32J (felony) Engaging in sex for a fee, c. 272, s. 53A (misdemeanor) Extortion (attempted): c. 265, s. 25 (felony) False representations to procure welfare: see Welfare fraud (misdemeanor) Failure to stop (vehicle) after causing personal injury or property damage: c. 90, s. 24 (misdemeanor) Firearms: see unlawful carrying/possession Forgery and counterfeiting certificate, other writings: c. 267, s.1 (felony) Home invasion: c. 265, s. 18C (felony) Indecent Exposure: c. 272, s. 53a (misdemeanor) Intimidating witness, juror: c. 268, s. 13B (felony)(if convicted, not sealable) Kidnapping: c. 265, s. 25 (felony) Kidnapping of minor by relative: c. 265, s. 26A (misdemeanor if by relative, but felony if child removed from Commonwealth) Larceny: c. 265, s. 30 (misdemeanor if less than $250; felony if $250 or over) Larceny of firearm: c. 266, s. 30 (felony if stolen property is firearm) Larceny of vehicle: c. 266, s. 28 (felony) Larceny from the person: c. 266, s. 25 (felony) Larceny by check: c. 266, s. 30 ($250 under is misdemeanor and over $250 is felony) Malicious destruction of property: c. 266, s. 127 felony if willful and malicious; misdemeanor if wanton) Manslaughter: c. 265, s. 13 (felony) Motor vehicle theft: c. 266, s. 28 (felony) Open & gross lewdness:c. 272, s. 16 (felony) Operating to endanger: c. 90, s. 24(2)(a) Perjury: c. 268, s. 1 (misdemeanor) (if convicted, not sealable) Possession-see drug possession Prostitution/solicitation: c. 272, s. 53A (misdemeanor) Rape: c. 265, s. 22 (felony) Rape of child under 16, including statutory rape (felony): c. 265, s. 22A, 22B, 23, 23A, 23B, 23C

14 Receiving stolen property: c. 266, s. 60 (misdemeanor if less than $250; felony if second offense or the property exceeds $250) Resisting arrest: c. 268, s. 32B (misdemeanor)(if convicted, not sealable) Robbery (armed): c. 265, s. 17 (felony) Robbery (unarmed): c. 265, s. 19 (felony) Shoplifting: c. 266, s. 30A (misdemeanor) Stalking: c. 265, s. 43 (felony) Threats: c. 275, s. 2, 4 (misdemeanor) Trafficking in marijuana, cocaine, heroin, opium, etc.: c. 94C, s. 32E (felony) Trespass: c. 266, s. 120 (misdemeanor) Unlawful carrying firearm: c. 269, s. 10(a)(d) (felony) Unlawful possession of firearm or ammunition, c. 269, s. 10(h)(1): misdemeanor) Unnatural and lascivious acts: c. 272, s. 5 (felony) Uttering or fraudulent checks: c. 266, s. 37 (same as larceny) Uttering false, forged or counterfeit note: c. 267, s. 10 (felony) Welfare fraud: c. 18, s. 5B (misdemeanor) For a complete list of crimes, see the Master Crime List found on the Executive Office of Public Safety website:

15 NOTE: The petition must also be signed. SAMPLE

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17 SEALING CASES THROUGH THE COURT PROCESS If your case ended in a finding of not guilty or nolle prosequi (the District Attorney dropped the case), or ended in a dismissal, the Criminal Offender Record Information (CORI) law allows you to ask a judge to seal the case without a waiting period. A first-time conviction for possession of marijuana and another controlled substance also can be sealed by a judge. The sealing process for these cases and firsttime drug possession offenses involves filing papers in court and one or two court hearings. It is advisable to have a lawyer represent you, but you have a right to represent yourself. IMPORTANT. If you are not a citizen, have immigration issues, or are living here without legal documents, you should not file papers to seal your records without the advice of an immigration attorney. WHAT TO FILE To seal your cases, you need to file a Petition to Seal. The form is included at the end of this summary. To increase your chance of success, it may help to file other documents such as: o o o o An Affidavit (a statement sworn to be true under penalties of perjury ) explaining how your criminal record may hurt you now or in the future and why the judge should seal your case. For example: you got rejected for jobs, internships, and/or housing, are unemployed, or on public assistance or cannot get accepted into a training program because of your criminal record. Support letters from professionals or others saying positive things about you and/or explaining how your criminal record hurts you. For example, after your last case, you got a GED, finished job training or drug treatments, and are working hard to get your life on track, but you get rejected for jobs or other opportunities because of your CORI. Certificates and other papers showing you finished a treatment, training or education program, or did something else related to rehabilitation, self-improvement, getting more job skills, or contributing to your community through volunteer work or similar activities. Rejection letters from employers and housing programs related to your criminal records. WHERE TO FILE If you want to seal cases in more than one court, you have to file paperwork in each court. The only exception is Boston Municipal Court (BMC) which permits a person trying to seal 3 or more BMC charges to file a petition to seal all the BMC cases or charges in one division of the BMC. Greater Boston Legal Services, 197 Friend Street, Boston, MA 02114

18 WHEN TO FILE There is no waiting period to file a petition to seal a non-conviction. However, if you are in jail or have criminal cases still open in court, your case for sealing of non-convictions is very weak. The more time that has passed since your last arrest or last court date, the easier it may be easier to convince a judge that you re not likely to get in trouble in the future and there is no need to keep your record open. You have the right to look at your criminal case files at the courthouse until your case is sealed. This might be helpful if you have trouble remembering what happened in your cases. LEGAL STANDARD TO SEAL A CRIMINAL CASE To seal your records, the judge must find that there is good cause to seal your records. In a case called Commonwealth v. Pon, 496 Mass. 296 (2014), the SJC, our highest state court, made it easier to seal cases. The SJC said judges may take judicial notice that the existence of any criminal record, regardless of what it contains, can present barriers to housing and employment opportunities. To meet the new burden of proof, you only need to show there is a present or a possible future disadvantage that stems from your criminal records. Some factors a judge may consider are: Your CORI puts you at a disadvantage in applying for jobs or housing; Your CORI puts you at risk of job rejections, unemployment or underemployment; You have trouble getting housing, or are homeless, or at risk of homelessness related to CORI; Employers use CORI in your present occupation or an occupation you d like to have; The CORI reduces chances for promotion, internships, and/or better or higher paying jobs; You and/or your family are on public assistance despite your efforts to get a job; You cannot go on your child s school trips or do community activities because of your CORI; A lot of time has passed since the case was filed against you; You are sober and have made efforts to rehabilitate yourself; You have made efforts toward self-improvement (classes, programs, GED, diploma, college degree, certificates, etc.); You do volunteer work and/or other work to help in your community; You successfully completed probation in your case(s); You have had no further contact with the criminal justice system; You have other evidence of rehabilitation from the date of the offense or dismissal; Your situation at the time of the offense should be considered (e.g. you were a teenager); There is stigma or stereotypes related to the case that hurt your chances to get a job, etc.; The judge will also consider the reason for dismissal or nolle prosequi (dropping of a case) and any other information relevant to sealing your case(s). For example, if you were found not guilty or were identified by mistake by the police, etc.

19 Important. Even if your case was continued without a finding (CWOF), this by itself, is not grounds to deny your petition to seal records. The judge has to look at all the facts including what has happened since the case was filed against you. Example: A judge might order sealing of your records because you are unemployed, homeless, and have no income because CORI prevents you from getting a job. Evidence of rehabilitation or positive achievements such as completing a job training program; getting a GED or a diploma, degree, or training certificate; doing community volunteer work; or graduating from a substance abuse or other treatment program are examples of things that may help persuade a judge to seal your records. MODEL FORMS A model form is attached that might be helpful in filling out your own forms. Make copies of everything that you file in court and bring a copy to your hearing. The judge may have questions about the papers you filed. It is often useful to have copies of the criminal records you wish to seal so get certified copies of the docket sheets at the courthouse BEFORE filing a request to seal your records. To get certified copies, ask the clerk in the clerk s office at the courthouse(s) where you have charges to make you certified copies. You may need these in the future. For example, if you are not a citizen, you will likely need certified copies to apply for citizenship at a later time. If you apply for a job with the federal government (U.S. Census, Social Security Administration, IRS, etc.), the FBI usually has records that will show a criminal case was filed against you even if it was sealed in the state court. You can use the certified copies to explain what happened in your case without having to go back to court or contact the Commissioner of Probation to unseal your record. Keep these copies of your criminal record in a safe place as once your record is sealed. You will not be able to see the court files without unsealing them even though they are your cases. THE COURT PROCESS IMPORTANT. It is a good idea to get certified copies if the complaint and dockets sheets in case you need them later on. If you get fingerprinted for a job or you want to work in law enforcement or another job with a high security clearance, you will likely need these certified copies. After you file your paperwork in court, you will have one or two hearings. If the court uses a two hearing process, the judge enters an order at the first hearing deciding whether it is possible that your case(s) might be sealed based on the facts of your case and your present situation. If the judge rules in your favor, a second hearing will be scheduled where the judge will make the decision about whether to seal your record(s). You must attend the second hearing and notice of the second hearing will be posted in or near the clerk s office.

20 If the court uses a one step process, the clerk s office will post notice of the hearing in or near the clerk s office and you must appear at the hearing which will be your final hearing. Make sure you do not miss your court date. As with any court hearing, it is usually advisable that you get an attorney to represent you. If you lose at any hearing, you should seek legal advice from an attorney immediately. JOB APPLICATIONS AFTER YOU SEAL YOUR RECORD If an employer seeks information about your prior arrests, convictions or court appearances for a charge that is sealed, you may answer no record as to the sealed record. G.L. c A, 100C; G.L. c. 94C, 34, 44. FOR MORE INFORMATION Call if you live in the Boston area and you ll be screened for eligibility for an intake for Greater Boston Legal Services (GBLS). To find a legal aid program outside of Boston or near you, go to: Read Greater Boston Legal Services (GBLS) booklets on CORI: Booklet 1: How to Get a Copy of Your Criminal Record (CORI) Booklet 2: How to Seal Old Criminal Cases Booklet 3: Sealing Cases that Ended without a Conviction or First Time Drug Offenses Booklet 4: Representing Yourself in Court After Filing a Petition to Seal Criminal Cases Book Booklet 5: One Stop CORI Sealing in Boston Municipal Court Booklet 6: What You Should Know about Drivers' Licenses and Drug Convictions Booklet 7: How to Seal Decriminalized Marijuana Cases Booklet 8: Avoiding Guilty Pleas and Criminal Case Dispositions that Give You Life-Time Criminal Records This information is provided as a public service by Greater Boston Legal Services and does not constitute legal advice which can only be given to you by your own attorney. This information relates to criminal records located in Massachusetts and to the laws, forms, and practices in effect as of March 12, 2018.

21 SAMPLE Note: This form must be signed and if you need more room to list charges, check the box above and add 2 nd page to add more cases. See blank two page form on next page.

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24 IMPORTANT CORI STATUTES M.G.L. c. 276, 100A 100A. Requests to seal files; conditions; application of section; effect of sealing of records Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation may, on a form furnished by the commissioner and signed under the penalties of perjury, request that the commissioner seal the file. The commissioner shall comply with the request provided that: (1) the person's court appearance and court disposition records, including any period of incarceration or custody for any misdemeanor record to be sealed occurred not less than 5 years before the request; (2) the person's court appearance and court disposition records, including any period of incarceration or custody for any felony record to be sealed occurred not less than 10 years before the request; (3) the person had not been found guilty of any criminal offense within the commonwealth in the case of a misdemeanor, 5 years before the request, and in the case of a felony, 10 years before request, except motor vehicle offenses in which the penalty does not exceed a fine of $50; (4) the form includes a statement by the petitioner that he has not been convicted of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses, as aforesaid, and has not been imprisoned in any state or county in the case of a misdemeanor, within the preceding 5 years, and in the case of a felony, within the preceding 10 years; and (5) the person's record does not include convictions of offenses other than those to which this section applies. This section shall apply to court appearances and dispositions of all offenses; provided, however, that this section shall not apply in case of convictions for violations of sections 121 to 131H, inclusive, of chapter 140 or for violations of chapter 268 or chapter 268A. In carrying out the provisions of this section, notwithstanding any laws to the contrary: 1. Any recorded offense which was a felony when committed and has since become a misdemeanor shall be treated as a misdemeanor. 2. Any recorded offense which is no longer a crime shall be eligible for sealing forthwith, except in cases where the elements of the offense continue to be a crime under a different designation. 3. In determining the period for eligibility, any subsequently recorded offenses for which the dispositions are not guilty, dismissed for want of prosecution, dismissed at request of complainant, nol prossed, or no bill shall not be held to interrupt the running of the required period for eligibility. 4. If it cannot be ascertained that a recorded offense was a felony when committed said offense shall be treated as a misdemeanor. 5. Any violation of section 7 of chapter 209A or section 9 of chapter 258E shall be treated as a felony. 6. Sex offenses, as defined in section 178C of chapter 6, shall not be eligible for sealing for 15 years following their disposition, including termination of supervision, probation or any period of incarceration, or for so long as the offender is under a duty to register in the commonwealth or in any other state where the offender resides or would be under such a duty if residing in the commonwealth, whichever is longer; provided, however, that any sex offender who has at any

25 time been classified as a level 2 or level 3 sex offender, pursuant to section 178K of chapter 6, shall not be eligible for sealing of sex offenses. When records of criminal appearances and criminal dispositions are sealed by the commissioner in his files, he shall notify forthwith the clerk and the probation officer of the courts in which the convictions or dispositions have occurred, or other entries have been made, of such sealing, and said clerks and probation officers likewise shall seal records of the same proceedings in their files. Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public service in the service of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions, except in imposing sentence in subsequent criminal proceedings, and except that in any proceedings under sections 1 to 39I, inclusive, of chapter 119, sections 2 to 5, inclusive, of chapter 201, chapters 208, 209, 209A, 209B, 209C, or sections 1 to 11A, inclusive, of chapter 210, a party having reasonable cause to believe that information in a sealed criminal record of another party may be relevant to (1) an issue of custody or visitation of a child, (2) abuse, as defined in section 1 of chapter 209A or (3) the safety of any person may upon motion seek to introduce the sealed record into evidence. The judge shall first review such records in camera and determine those records that are potentially relevant and admissible. The judge shall then conduct a closed hearing on the admissibility of those records determined to be potentially admissible; provided, however, that such records shall not be discussed in open court and, if admitted, shall be impounded and made available only to the parties, their attorneys and court personnel who have a demonstrated need to receive them. An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: An applicant for employment with a sealed record on file with the commissioner of probation may answer no record with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer no record to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer no record with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution. The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court. The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists.