Massachusetts Criminal Defense Lawyer

Law Offices of Russell J Matson, PC - Criminal Defense

Free Initial Consultation

Call or TEXT Now!

(781) 817-6332

  • Home
  • Case Wins
  • Massachusetts Criminal Charges
  • Criminal Court Process
    • Clerk Magistrate’s Hearing
    • Frequently Asked Questions About Criminal Charges
    • How to Seal A Criminal Record in Massachusetts
    • Massachusetts CORI Reform
  • About
  • Blog

Do I Need My Record Sealed? Failed CORI Background Check

If you are a parent with young school age children, or wish to work at a school or volunteer with children and received a CWOF on a criminal charge, you should consider getting your CORI sealed.

A dismissed charge after a CWOF will still appear on a CORI check indefinitely to any organization that works with children or the elderly and has Level 2 Required CORI access.

If you are interested in helping with a school field trip, coaching a kids sports team a scouting volunteer, or many other activities, you may be rejected for failing a background check.

Organizations that have Level 2 Required CORI access that can see arrests and cases that were dismissed after a continuance (CWOF) include:

  • All schools, public and private. For any volunteering or employment. From local public schools to employees at colleges like MIT.
  • Massachusetts Youth Soccer, Little League Baseball, Pop Warner Football and all youth sports leagues
  • Girl Scouts, Boy Scouts
  • Overnight and day camps
  • Many more

What is the process for getting a record sealed?

For a CWOF after the continuance period or anything before the 5 year misdemeanor period, we must petition the court and file a supporting affidavit before a judge who must approve the record seal.

We can argue the negative impact an incident on your background check might have on your home and family life.

Is the judge required to approve that the record can be sealed?

No, it is entirely up to his or her discretion. So we will prepare the most compelling argument for why it would be a hardship, and how you have learned your lesson and there is no risk of further incidents.

If we can anticipate potential harm for future prospects and opportunities from someone doing a background check, that helpful. If you’ve unfortunately already been harmed, such as been rejected for a job or opportunity, that is an even more compelling case to approve that your record should be sealed.

But ultimately we can’t guarantee that the judge will approve it.

Will a Record Seal Solve this Problem?

Yes, for Massachusetts CORI checks it will. When your arrest, continuance or CWOF is sealed, a CORI search will return “No Adult Criminal Records on File”. There is no indication of any record, or suggestion that it might have been sealed.

The only background searcher that could possibly still see seal your sealed incident would be law enforcement, such as for the purposes of hiring or getting a license to carry a firearm, searches for the purposes of adopting a child, and, background checks for rideshare drivers (Uber/Lyft).

What offenses will get me rejected from volunteering or getting hired?

soccer coach volunteer coriThere is no way to know. All organizations have their own criteria for suitability if an incident pops up on a CORI. They can consider whatever factors they want, including the seriousness of offense, time since the incident, the nature and relevance of the volunteer position being sought, etc.

Specifically, Massachusetts Youth Soccer has a detailed policy about CORI checks and what is considered a failure. Their rejection criteria reasonably include all violent and sexual charges such as indecent assault, open and gross lewdness, lewd and lascivious, and those involving risk to children, such as a violation of a restraining order involving a physical threat to children.  A charge of intent to distribute narcotics or controlled substances is also on their list, and they reserve the right to include other incidents.

The Girl Scouts of Eastern Mass policy states that expected violent or sexual offences are disqualifying, and, at their discretion they may also exclude someone with “drug and alcohol related offenses, or other serious offenses or history that is not conducive with the organization’s mission, values or the safety and well-being of girls”.

A CWOF on a negligent operation of a motor vehicle after a minor car accident might not concern some reviewers, a domestic assault incident or OUI might disqualify you. It simply depends on the policies of the organization.

Ultimately, you may never know what happened if you are rejected, or why.

Even if you have an incident that ultimately may not disqualify you from volunteering, for some people it is worth getting the criminal court record sealed so that your community friends and neighbors who are reviewing the CORI don’t find out about your potentially embarrassing minor brush with the law.

What about private background checks?

There isn’t anything we can do about 3rd parties that collect data on court records, public news stories, police logs, or other sources. Unfortunately, these exist and can be inaccurate and nearly impossible to correct or update.

While some organizations do use these (National Little League uses First Advantage private screening, Massachusetts Girl Scouts uses Verified Volunteers as well as CORI), most will rely on the official Massachusetts CORI data primarily.

 

Please Share!Share on Facebook
Facebook
0Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Share on Reddit
Reddit
0Email this to someone
email

Free Consultation

Contact our attorneys for a free legal case evaluation on any criminal charge by calling:


(781) 817-6332


Receive our free legal defense consultation and case evaluation. We'll explain what you are facing in plain language, and tell you how we can help.

How to Win a Clerk Magistrate’s Hearing

I wrote the book on winning your case at a Clerk Magistrate's hearing. My book on How to beat a Clerk Magistrate's Hearing.
Complete this Form





Buy my book on Amazon

Or just email me and I'll send you a copy.
Seriously.
Don't really buy it. Just submit my web form above with your mailing address and we will send you one for free! No obligation.

How to Beat Your Clerk Magistrate's Hearing

$9.97
Shop Now

Criminal Procedures

  • Do I Need a Lawyer for an Arraignment in Massachusetts?
  • How to Avoid a Criminal Record – Pretrial Probation vs Pretrial Diversion
  • What To Do While You Are Waiting For a Clerk Magistrate’s Hearing Date
  • I Know I Am Guilty. Should I Just Plead Guilty in Court?
  • How Much Does a Criminal Lawyer Cost in Massachusetts?

OUI Charges

  • OUI (First Offense)
  • OUI Second Offense
  • OUI Third Offense (and Greater)
  • OUI Marijuana or Operating Under the Influence of Drugs
  • Massachusetts OUI Penalties: Third, Fourth and Fifth Offenses
  • Worried About Your OUI? Dealing with bad circumstances in OUI cases
  • How To Work Out a DUI Plea Deal in Massachusetts
  • Arrested for Drunk Driving? Taking the Case to Trial

Criminal Charges

  • Assault & Battery
  • Assault and Battery with a Dangerous Weapon (ABDW)
  • Bad Checks / Fraud
  • Burglary / Breaking and Entering
  • Child Endangerment
  • Hate Crimes
  • Disorderly Conduct
  • Domestic Violence
  • Drug Possession
  • Drug Possession – Class B Substance – Cocaine
  • Drug Possession – Marijuana
  • Drug Possession with Intent to Distribute
  • Failure to Appear
  • Firearms / Weapons Offenses
  • Harassment / Stalking
  • Hit and Run / Leaving the Scene of an Accident with Property Damage
  • Impersonating a Police Officer or Other Peace or Investigative Officer
  • Indecent Assault and Battery
  • Indecent Exposure
  • Larceny / Shoplifting / Theft
  • Leaving the Scene of an Accident with Personal Injury
  • Minor in Possession of Alcohol or False Identification
  • Motor Vehicle Homicide Citation
  • Operating to Endanger / Negligent Operation (Reckless Driving)
  • Open and Gross Lewdness
  • Prostitution
  • Property Damage / Malicious Damage
  • Resisting Arrest
  • Sexual Assault / Rape – Laws and Penalties
  • Suspended License
  • Solicitation – Engaging in Sexual Conduct For a Fee
  • Trespassing
  • Threatening to Commit a Crime
Russell J. MatsonReviewsout of 5 reviews

Copyright © 2023 Law Offices of Russell J. Matson, PC