Empleos y CORI

También en

Notas finales

Por
Greater Boston Legal Services
Reviewed
Revisado
Text

Cuando recién se postula para un empleo, es ilegal que muchos empleadores le pregunten acerca de sus registros de delincuencia (CORI) en el primer formulario que completa. A menudo, a esto se lo llama «Ban the Box» (prohibir la casilla). Más adelante, el empleador puede consultarlo acerca de su CORI.

Widgets
How can employers get a copy of my CORI?

Employers can only get a copy of your CORI if you allow them to. They must give you a CORI Acknowledgment form to sign. The form asks for your personal information:

  • full name,
  • birthday,
  • place you were born,
  • mother’s maiden name — the name she had when she was born,
  • father’s name, and
  • social security number.

This information helps make sure it is your CORI the employer will get.

Important 

It is illegal for employers to ask you for a copy of your own CORI for them. They must get their own copy from the Department of Criminal Justice Information Services (DCJIS).

The copy the employer gets is different from the report you get: 

  • The CORI report you get lists all your cases. Your report includes cases that were dismissed or cases where you were found not guilty.
  • The CORI report many employers get lists your open cases and cases that ended in a conviction. Convictions are cases where you were found guilty. Cases that are "open" have not been decided yet.
Is there anything employers are not allowed to ask about my criminal history before they hire me?

Yes. Most employers cannot ask you about your sealed criminal records.

If your records are not sealed, most employers are also not allowed to ask you about:

  • Any case that did not end in a conviction.
  • An arrest that did not end in a conviction. 
  • A first-time conviction for drunkenness, affray or simple assault.
  • Minor traffic violations, affray, fighting or disturbing the peace.
  • A conviction for a misdemeanor that was 3 or more years ago.
  • A juvenile court case. Employers can only ask you about the juvenile court case if:
    • the case was tried in an adult court and
    • you were convicted as an adult.
  • A case that is sealed or expunged.
What can employers ask about my criminal history before they hire me?

Employers cannot ask you about your CORI on the first job application you fill out.

But after you apply, employers can ask you:

  • If you were ever found guilty of a felony.
  • About any misdemeanor conviction from less than 5 years ago.

Important 

You do not have to let employers know about any sealed or expunged convictions. If all your cases are sealed, you can answer “I have no record.”

What shows up on the CORI employers see?

Many employers get a CORI that shows only convictions and cases that are open.

As of 2018, you can seal most misdemeanors after a 3-year waiting period and most felony cases after a 7-year waiting period.

If you have any convictions or other cases that are old enough to seal, but you have not sealed them, the cases will be held back from CORI given to landlords, and many employers.

If you have any cases that you could have sealed by mail, they will not show up on your CORI.

Important 

Most of the time, you still need to seal your criminal cases.

  • If you do not get the cases sealed, many employers can still see old convictions and cases that were dismissed, ended in a nolle prosequi (when the prosecutor dropped the case), or a not guilty finding. Examples are schools, camps, nursing homes, and assisted living facilities.
  • If you have a recent conviction or you get convicted in the future, an employer or landlord can see all your past and present convictions that are not sealed.
  • If you do not get murder or manslaughter convictions and some sex offense convictions sealed, they will show up forever. It does not matter how old the convictions are.

If your cases are sealed, most employers will not see your cases on the CORI.

But the Department of Early Education and Care screens people for daycare and other jobs involving very young children. They can see all CORI including sealed cases. If you apply to be a foster parent or try to adopt, the Department of Children and Families or the Department of Youth Services can see all CORI including sealed cases.

Resource Boxes
Más recursos
Ayuda con el sellado de CORI
CORI - Recursos para obtener ayuda con el sellado de CORI

Utilice el Buscador de recursos legales para encontrar ayuda legal gratuita para el sellado de sus antecedentes penales (CORI), que incluyen clínicas de sellado de CORI por videoconferencia (Zoom).

 

Obtenga más información acerca de CORI
CORI - Más información

Descargue cuadernillos de autoayuda acerca de CORI (antecedentes penales), que incluyen el sellado de CORI, preparados por Greater Boston Legal Services. En inglés.

El Departamento de Servicios de Información de la Justicia Penal (DCJIS) de Massachusetts brinda información, enlaces a los formularios de CORI y otros recursos.

¿Le resultó útil esta página?