When you are applying for a job or admission to a school your CORI or criminal record will often be checked. This is an important part of the application process, because your future may depend on what your record says about you.
There are many laws, regulations, rules, and policies about how employers and organizations can use your CORI. When your CORI is being reviewed, the last thing you want to worry about is if it is being checked properly. Here is a basic rundown of the procedure an employer or group should follow if they notify you that they want to perform a CORI check.
Does my employer need my permission before pulling up my record?
Before running a CORI check, the employer or organization must first give you a CORI Acknowledgement Form to sign. This form ensures that you understand what a CORI check means and that you are giving permission to the person requesting the check to pull up your record for the specific reason they are asking for the record.
It is illegal for any employer or organization to make a CORI request without you first signing this form.
An employer or organization also needs to verify that the information you provided on the CORI Acknowledgement Form is accurate. This means they should ask for your ID after you sign.
What happens after they check my CORI?
If after the employer or organization runs your CORI they want to ask you questions about your criminal record, they must first provide you with a copy of the record before they begin asking questions.
If the employer or organization wants to deny you based on your criminal record they must first do four things:
- Give you an opportunity to challenge the accuracy of the record
- Provide you with a copy of your criminal record and identify which parts or parts may disqualify you
- Give you a copy of the employer’s or organization’s CORI policy (only in cases where the employer or organization does 5 or more criminal record checks per year)
- Provide you with a document called “DCJIS information regarding the process for correcting a criminal record”
Can I do anything if they do not follow CORI rules?
If an employer or organization does not follow these rules you may be able to file a complaint. Complaints go to the government, which will give your case a case number, investigate, and notify you of the results.
There are two valid reasons for filing an improper access complaint:
- Firstly, you believe an employer or organization improperly accessed or disseminated your CORI
- Secondly, you believe an organization failed to follow CORI law or regulations
Your criminal defense attorney will be able to help you if you need help with your CORI complaint case.
IF YOU OR A LOVED ONE HAVE A QUESTION ABOUT A CORI OR A CORI COMPLAINT, 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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