What Can My Employer See About My Criminal Charges
- Pending/open charges — Almost always visible to employers.
- Dismissed cases, not guilty findings, or pre-trial diversions (like CWOF if not yet dismissed) — These often still show as part of your history, though many employers (under “Standard Access”) may only see convictions + open cases.
- Convictions
- Sealed records — Most employers will not see sealed cases. You can often answer “no record” for sealed matters.
Important: An arrest alone (without arraignment) usually does not create a standard CORI entry that employers see, but fingerprint-based arrest records exist separately for law enforcement.
How Employers Access and Use CORI
Most private employers use Standard Access CORI. They must:
- Get your written permission first.
- Follow “Ban the Box” rules (cannot ask about criminal history on the initial application in most cases).
- If they decide not to hire you based on CORI, they must notify you, give you a copy of the report, and let you correct inaccuracies.
Some jobs (schools, healthcare, childcare, etc.) have broader “Required Access” and may see more information.
How Will You Know What Shows Up for Your Job?
- Request your own CORI report (highly recommended):
- Use the state’s iCORI system online (mass.gov → search “iCORI” or “CORI personal request”).
- It’s quick, low-cost (or free in some cases), and shows what most employers will see.
- You can also request a Self-Audit (free every 90 days) to see who has requested your CORI.
- During the hiring process, if the employer runs a CORI check, they are legally required to provide you a copy if it affects their decision.
- Check your specific job/field — Certain licensed professions (nursing, teaching, etc.) have stricter rules and may see more.
Required Access is a deeper level of CORI (Criminal Offender Record Information) access in Massachusetts, granted only to specific employers, agencies, or organizations that are legally required or authorized by statute, regulation, or accreditation standards to perform more thorough background checks.
It is not available to regular private employers (who get Standard Access). Required Access is reserved for roles involving vulnerable populations (children, elderly, disabled), sensitive financial responsibilities, public safety, or certain regulated industries.
Key Differences from Standard Access
- Standard Access (most common for general employment, landlords, etc.):
- Shows: Pending charges + convictions within time limits (felonies ~10 years, misdemeanors ~5 years after disposition/release) + certain serious crimes (murder, manslaughter, sex offenses) with no time limit.
- Does not show: Non-convictions (dismissals, CWOFs if dismissed, not-guilty findings), older convictions outside the time window, sealed records, juvenile records, or civil/non-incarcerable offenses.
- Required Access goes much further and has four sub-levels (Required 1 through 4), with increasing depth based on the legal requirement.
The Four Levels of Required Access
Here’s what each level can see (based on current DCJIS rules):
| Level | What It Includes | Common Examples of Organizations/Users | What It Excludes |
| Required 1 | All adult convictions + pending charges | Banks, hospitals, insurance companies, some housing authorities, security system installers | Non-convictions, sealed, juvenile, civil/non-incarcerable |
| Required 2 | Required 1 + non-convictions (dismissals, CWOFs, not-guilty) | K-12 public/private schools, assisted living, councils on aging, in-home care, religious organizations | Sealed, juvenile, civil/non-incarcerable |
| Required 3 | Required 2 + juvenile/youthful offender records (convictions, non-convictions, pending) | Summer camps for children, certain youth programs | Sealed, civil/non-incarcerable |
| Required 4 | Required 3 + sealed records(indicators or details) | Early education/child care providers, Department of Early Education and Care | Very few exclusions |
Note: Even at Required levels, sealed records are generally protected unless the specific level (especially 4) authorizes it. Juvenile records are highly restricted.
Who Typically Gets Required Access?
- Schools and childcare providers
- Healthcare facilities (hospitals, nursing homes, assisted living)
- Banks and financial institutions
- Organizations working with elderly or disabled individuals
- Certain volunteer roles (e.g., with children)
- Other regulated entities (e.g., some security-related jobs)
These organizations must certify with the Department of Criminal Justice Information Services (DCJIS) and often renew certification periodically. They must follow strict rules on who can view the information (“need-to-know” basis), storage, and confidentiality.
Bottom line: Required Access exists to protect vulnerable people and comply with specific laws, but it means a more complete look at someone’s criminal history. For most ordinary jobs, you’ll only encounter Standard Access.
This information is based on official DCJIS guidelines. Laws and access rules can be updated, so for your specific situation, run your own Personal Access CORI report via iCORI (mass.gov) to see the full picture, and consult a Massachusetts attorney if you have concerns about a particular job or background check. This is general information and not legal advice.
For your specific situation, request your own CORI report via iCORI and consider consulting a Massachusetts criminal defense or sealing attorney. This is general information only and not legal advice.
The publicity around the case—combined with the horrific nature of the allegations—increased pressure on policymakers to act, even if not every proposed change passed. It became a reference point in discussions about registry effectiveness and child protection for several years afterward.
Key Takeaways and Next Steps
Early intervention—before or at the Clerk-Magistrate stage or through pre-arraignment diversion—is the gold standard in Massachusetts criminal practice. These paths can completely spare you a criminal record, protect employment, housing, licensing, and immigration status, and focus on rehabilitation rather than punishment.
Every case is fact-specific, and eligibility depends on your history, the charge, and the District Attorney’s office and judge. Criminal cases are serious; consult a qualified Massachusetts criminal defense attorney immediately to evaluate your options and advocate for the best possible disposition.
IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.
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