Download the Criminal Offender Record Information (CORI) Policy doc format of Criminal Offender Record

 

ITD HR Policy 2008-02 Effective 10/1/2008

 

Whereas Criminal Offender Record Information (CORI) checks are part of a general background check for employment at the Executive Office of Technology Services and Security (EOTSS), the following practices and procedures will generally be followed:

  1. CORI checks will only be conducted as authorized by CHSB. All applicants will be notified that a CORI check will be conducted. If requested, the applicant will be provided with a copy of the CORI policy.
  2. An informed review of a criminal record requires adequate training.  Accordingly, all personnel authorized to review CORI in the decision-making process will be thoroughly familiar with the educational materials made available by CHSB.  Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on CORI checks will be made consistent with this policy and any applicable law or regulations.
  3. If a criminal record is received from CHSB, the authorized individual will closely compare the record provided by CHSB with the information on the CORI request form and any other identifying information provided by the applicant, to ensure the record relates to the applicant.
  4. If EOTSS is inclined to make an adverse decision based on the results of the CORI check, the applicant will be notified immediately. The applicant shall be provided with a copy of the criminal record and the organization's CORI policy, advised of the part(s) of the record that make the individual unsuitable for the position or license, and given an opportunity to dispute the accuracy and relevance of the CORI record.
  5. Applicants challenging the accuracy of the CORI record shall be provided a copy of CHSB’s Information Concerning the Process in Correcting a Criminal Record. If the CORI record provided does not exactly match the identification information provided by the applicant, EOTSS will make a determination based on a comparison of the CORI record and documents provided by the applicant. EOTSS may contact CHSB and request a detailed search consistent with CHSB policy.
  6. If EOTSS reasonably believes the record belongs to the applicant and is accurate, based on the information as provided in section 4 of this policy, then the determination of suitability for the position will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to the following:

(a) Relevance of the crime to the position sought; - the following list includes categories of crimes for which conviction will result in disqualification for EOTSS employment:

i. Violation of any state or federal law or regulation pertaining to data security and/or privacy, including, without limitation and for example, the Fair Information Practices Act, Mass. Gen. L. ch. 66A , and the privacy and security provisions of the Federal Health Information Portability and Accountability Act (“HIPAA”).

ii.     Violation of the state wiretap law, Mass. Gen. L. ch. 272, sec. 99, or its Federal counterpart, 18 U.S.C. sec. 2511.

iii.     Violation of Federal or State laws specific to computer crime, including without limitation and for example, the Federal Computer Fraud and Abuse Act, 18 U.S. C. sec. 1030 and the Massachusetts state law prohibiting electronic transmission of threats, Mass. Gen. L. ch. 269, sec. 14.

iv.     Violation of any state criminal laws if follow up communication with applicant discloses that information technology (computers, networks, and peripheral devices) was used to commit the acts on which the conviction was based. The following are examples of state laws under which crimes committed using computers could theoretically be prosecuted: Mass. Gen. L. ch. 272, sec. 29B (dissemination of child pornography); Mass. Gen. L. ch. 272 sec. 29C (possession of child pornography); Mass. Gen. L. ch. 265, sec. 43 (stalking) and 43A (harassment). Mass. Gen. L. ch. 275 s. 2 (threat to commit crime); Mass. Gen. L. ch. 266 sec. 30 (larceny statute used in hacking and other data theft cases); Mass. Gen. L. ch. 266, sec. 12 (willful and malicious destruction of property, for use in website defacement and other hacking cases); Mass. Gen. L. ch. 266, sec. 30 (theft of intellectual property). 

v.      Violation of laws pertaining to trade secrets, copyrights, patents, or any other form of protection of intellectual property.

vi.     Violation of state criminal laws pertaining to theft, fraud, misrepresentation, tax evasion, and other forms of white collar crime.

vii.    Violation of state law pertaining to unauthorized access (MGL ch. 266 s. 120F) and identity fraud, MGL ch. 266, s. 37E  

    1. (b) The nature of the work to be performed;

      (c) Time since the conviction;

      (d) Age of the candidate at the time of the offense;

      (e) Seriousness and specific circumstances of the offense;

      (f) The number of offenses;

      (g) Whether the applicant has pending charges;

      (h) Any relevant evidence of rehabilitation or lack thereof;

      (i) Any other relevant information, including information submitted by the candidate or requested by the hiring authority

7. EOTSS will notify the applicant of the decision and the basis of the decision in a timely manner.

8. Applicants challenging the relevance of their CORI record to an adverse decision may submit a letter to the Director of Human Resources within 3 business days of receipt of notification of non-selection, specifying why they believe their CORI record is not relevant to the position for which they are applying.

9. Access to CORI results will be limited to the following EOTSS staff members:  Payroll Manager, Director of Human Resources, and General Counsel.  The Payroll Manager will maintain a record of all CORI requests submitted and document dates and names of individuals receiving copies of CORI results.  If an offer of employment is extended to an employee, the Director of Human Resources will return all copies of CORI results to the Payroll Manager and the Payroll Manager will document date copies were returned, destroy all copies produced, and record date that records were destroyed.  If a decision is made not to extend an offer of employment based on CORI results, Director of Human Resources and General Counsel will return all copies of CORI results to Payroll Manager.  The Payroll Manager will record dates that copies were returned.  In addition, the Payroll Manager will maintain a file for all candidates who were not extended an offer of employment based on CORI results, including a copy of the CORI results for each candidate.  This file will be stored in a locked file cabinet and maintain per required document retention schedule.