criminal records
Real CORI reform
05.21.10
The movement to "reform" CORI by
making record sealing easier and restricting public access sounds
wonderful. But it ignores the fundamental problem with the
database. Those who know public records in Massachusetts understand
that CORI--which has never been accessible in full by the public
except to those who order their own report--has always been a
misleading source of criminal record data. CORI can be difficult to
understand and does not contain any case background information.
Moreover, it is based on records that have been considered public
for decades. A federal judge came close in one case to overturning
the CORI law by deeming the information to be essentially
computerized records of court dockets, which have traditionally
been open public records.
Instead of telling businesses how to hire, we should allow businesses to gather as much information as they deem necessary--many of them routinely make better judgments than elected officials. More to the point: businesses will continue to hire investigators to check public court documents to gather the information they need to run their businesses.
Instead of telling businesses how to hire, we should allow businesses to gather as much information as they deem necessary--many of them routinely make better judgments than elected officials. More to the point: businesses will continue to hire investigators to check public court documents to gather the information they need to run their businesses.
Sealing federal records
01.06.10
Reporter Michael Doyle did a nice summary of a year-long study by
Tim Reagan and George Cort for the Federal Judicial Center on the
practice of sealing federal cases.
Sealing federal records apparently is justified for almost any reason under the sun. Doyle notes the report findings: "There was one (criminal) case sealed because the defendant had a high profile. According to the judge, 'it seemed a good idea at the time.' Another reason for sealing: "A person of influence failed to respect the authority of an officer on federal land." Four civil cases were sealed to protect the reputation of doctors.
Sealing federal records apparently is justified for almost any reason under the sun. Doyle notes the report findings: "There was one (criminal) case sealed because the defendant had a high profile. According to the judge, 'it seemed a good idea at the time.' Another reason for sealing: "A person of influence failed to respect the authority of an officer on federal land." Four civil cases were sealed to protect the reputation of doctors.
How to do a background check in Massachusetts
12.14.09
The big problem facing HR people is
balancing costs with coverage. For example, some firms offer a
"statewide criminal check" or even "national criminal check". Often
times they are simply checking a database of convictions only -- a
small universe of people compared to those who are charged. So if
your guy has a record of being charged with sexual assaults against
women in the workplace, but somehow pled out to misdemeanors or had
the cases dismissed, a statewide convictions database would give
you no reason to pause.
By searching the lower district courts for any cases filed, your background due diligence would allow you to find the cases and make your own evaluation. This is especially true in certain states such as Massachusetts, where the lower courts hear some felony cases, assaults, and various other serious crimes.
By searching the lower district courts for any cases filed, your background due diligence would allow you to find the cases and make your own evaluation. This is especially true in certain states such as Massachusetts, where the lower courts hear some felony cases, assaults, and various other serious crimes.