What Can My Employer See About My Criminal Charges in Massachusetts?
If you have a criminal charge or record in Massachusetts, one of the biggest practical questions is: “What will a potential employer actually see?”
The answer depends on the type of job and the level of CORI (Criminal Offender Record Information) access the employer is allowed to use. Most private employers see only a limited amount of information. Certain jobs—especially those involving children, healthcare, or finance—can see more.
This guide explains, in plain language, what shows up, the difference between Standard Access and Required Access, and how you can check your own record. For related background, see my post on CORI Checks and Complaints.
What Typically Shows Up on an Employer CORI Check
Here is a simple breakdown of what employers commonly see:
- Pending or open charges — Almost always visible.
- Convictions — Visible, subject to time limits for many employers (roughly 10 years for most felonies and 5 years for most misdemeanors after disposition or release). Certain serious offenses (such as murder, manslaughter, or sex offenses) have no time limit.
- Dismissed cases, not-guilty findings, and some CWOFs — Often hidden from Standard Access employers once the case is fully dismissed. They may still appear for employers with higher access levels.
- Sealed records — Most employers cannot see sealed cases. In many situations you may lawfully answer that you have “no record.”
An arrest alone (without an arraignment) usually does not create a standard CORI entry that private employers see. Fingerprint-based arrest records are mainly for law enforcement.
How Employers Access and Use CORI
Most private employers use Standard Access. They must:
- Get your written permission before running the check.
- Follow Massachusetts “Ban the Box” rules (they generally cannot ask about criminal history on the initial job application).
- If they decide not to hire you based on the CORI report, they must notify you, give you a copy of the report, and give you a chance to correct any mistakes.
Some jobs (schools, healthcare, childcare, banks, and similar roles) are allowed broader “Required Access” and may see more information.
Standard Access vs. Required Access
Understanding the difference is key.
Standard Access (used by most private employers and many landlords) generally shows pending charges and convictions within certain time windows. It does not show most non-convictions (dismissals, fully completed CWOFs, not-guilty findings), sealed records, juvenile records, or very old minor convictions.
Required Access is a deeper level of CORI access. It is available only to specific employers and organizations that are legally authorized or required to conduct more thorough background checks—usually because they work with vulnerable populations (children, elderly, disabled), handle sensitive financial matters, or operate in regulated industries.
The Four Levels of Required Access
Required Access has four levels. Each level sees more information than the one before it. Here is a clear, plain-language explanation of each:
Required 1
Shows all adult convictions and pending charges.
Common users: banks, hospitals, insurance companies, some housing authorities, and certain security-related employers.
Does not show non-convictions, sealed records, juvenile records, or most civil/non-incarcerable matters.
Required 2
Includes everything in Required 1, plus non-convictions (dismissals, CWOFs, not-guilty findings).
Common users: K-12 public and private schools, assisted living facilities, councils on aging, in-home care providers, and many religious organizations.
Still excludes sealed records, juvenile records, and most civil matters.
Required 3
Includes everything in Required 2, plus juvenile and youthful offender records (convictions, non-convictions, and pending cases).
Common users: summer camps for children and certain youth programs.
Still excludes sealed records and most civil/non-incarcerable matters.
Required 4
Includes everything in Required 3, plus sealed records (at least indicators or details in many cases).
Common users: early education and child-care providers, and the Department of Early Education and Care.
This is the broadest level and has very few exclusions.
Even at Required levels, sealed and juvenile records remain highly protected except where the specific level expressly allows them. Most everyday private employers never receive Required Access.
Who Typically Gets Required Access?
Organizations that commonly qualify include:
- Schools and childcare providers
- Healthcare facilities (hospitals, nursing homes, assisted living)
- Banks and financial institutions
- Organizations that work with elderly or disabled individuals
- Certain volunteer roles involving children, and other regulated entities
These organizations must be certified by the Department of Criminal Justice Information Services (DCJIS) and must follow strict rules about who can view the information, how it is stored, and confidentiality.
How Can You Know What Shows Up for Your Job?
Three practical steps:
- Request your own CORI report. Use the state’s iCORI system (search “iCORI” or “CORI personal request” on mass.gov). It is quick and low-cost (sometimes free). This shows you roughly what most employers will see. You can also request a free Self-Audit every 90 days to see who has pulled your CORI.
- Ask during the hiring process. If an employer runs a CORI check and it affects their decision, they are required to give you a copy of the report.
- Know your industry. Licensed professions (nursing, teaching, finance, childcare, etc.) often use higher access levels and have stricter rules.
Bottom Line
For most ordinary private-sector jobs, employers see only Standard Access information—mainly open cases and relatively recent convictions. Required Access exists to protect vulnerable people and is limited to specific regulated employers. Sealed records stay hidden from the large majority of employers.
If you are concerned about what an employer might see, the best first step is to pull your own Personal Access CORI report. For help understanding or sealing your record, or if you are facing a new charge, speak with an experienced Massachusetts criminal defense attorney. You can also review my related post on Who Can See My Criminal Record.
If you or a loved one has been charged with a crime in Massachusetts and need an experienced criminal defense lawyer to protect your rights and your future, contact Attorney William J. Barabino.
Call 781-393-5900 to discuss your case and available defenses.
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