What is the extent of employer access to a criminal record?

Are you curious how a past criminal offense might appear on your board of probation record (CORI) or how to seal that record?

In May of 2012, the laws surrounding access to the content of a person’s CORI were changed and put in place greater restrictions on employer access to your record.  Additionally, the new laws addressed how a record would appear to an employer if that record had been previously sealed.   Currently, the ability of a potential employer to view your criminal record is specified by that employer’s access classification.  Specifically, access to view a record is divided into seven categories – Personal, Public, Standard and Restricted Levels 1-4.

The most prevalent question I get is whether an employer will see what the Commonwealth refers to as a CWOF or continuation without a finding.  Despite the general statement that “your case will be dismissed upon successful completion of probation,” a CWOF is classified for purposes of a criminal record as a non-conviction; thus can still be viewed by an employer if their access rises to that level.  The only way to limit that ability further is to pursue sealing your record.  Examples of the types of employers with greater access to a prior offense are those that involve the care of children or the elderly, law enforcement or security and Hospitals.

While Massachusetts has significantly increased the protections afforded those with a prior criminal record, as stated previously, there are circumstances in which many prior indiscretions are still viewable by a potential employer.  The most effective method of limiting your potential exposure is motioning the court to seal any offense which complies with mandates of the statute.   If you have any questions concerning your particular record or the potential for an employer to see a past conviction or charged offense, please contact Kristen F. Bonavita for your free consultation.   Kristen F. Bonavita is an experienced criminal trial attorney and can be reached at 978-376-6746.