CORI Regulations Effective May 16, 2008

Effective May 16, 2008 the Criminal History Systems Board (CHSB) has amended its Criminal Offender Record Information (CORI) regulations. The amendments to the CHSB CORI Regulations enhance the CORI certified users responsibilities and directly affect how agencies certified under M.G.L. c. 6, §§ 172(b) and/or 172(c) process CORI requests. Information regarding these updates was mailed to all CORI Certified agencies on May 2, 2008 pdf format of 20080502 Mass Mailing Certified Agencies V1.0.pdf . CORI certified agencies are expected to implement the following amendments immediately:

  • Upon initial and renewal CORI certification attend CORI training as a condition of certification; 
  • Submit an ID Theft Index PIN Number (assigned by CHSB) with the CORI request form for those individuals that present an official letter from the CHSB with an ID Theft Index Personal Identification Number (PIN) Number confirming they are a victim of identity theft and as a result have a criminal record that is erroneously associated with their identity. An updated CORI request form with this field was mailed to all currently certified agencies on May 2, 2008; 
  • If a government issued form of identification with a photograph is not available at the time of verification of the fields contained on the CORI request form, then the agency shall verify the information on the CORI request form with either a birth certificate or social security card; 
  • If the subject of the CORI request is not available to appear in person for verification prior to submission of the CORI request, then the agency shall accept a legible copy of the identification prior to submission and verify the identification in person either prior to or simultaneously with the applicant beginning or receiving any employment, service or benefit; 
  • Provide the subject of the CORI request with a copy of the results of the CORI (unless it is a "no record" response) and copies of the CHSB's Information Concerning the Process for Correcting a Criminal Record and the CHSB's Information on How to Establish Yourself as a Victim of Identity Theft for CORI Purposes.

For additional information please also see the .

(1) Identity (ID) Theft Index

Effective May 16, 2008 the CHSB regulations have been amended by inserting the following:

803 CMR 2.03, "Identity Theft File". The National Crime Information Center (NCIC) file that provides law enforcement with the ability to identify individuals with stolen identities and distinguish identity theft victims from impostors. Information Contained in the Identity Theft File shall also be used by the CHSB when furnishing CORI information to certified non-criminal justice agencies pursuant to M.G.L. c. 6, §§ 172(b) or 172(c)."

803 CMR 3.05(1)(b), "Each certified non-criminal justice agency also shall obtain from any individual whose CORI is requested from the CHSB the person's Identity Theft File Number if the individual has been enrolled in the NCIC Identity Theft File by the CHSB. If an individual provides an agency with and Identity Theft File Number on a CORI request form, the agency shall submit the request for such individual's record according to the business process specified by the CHSB, which may include, but not be limited to faxing such request to a dedicated fax number at the CHSB. This business process will prevent the dissemination to the certified non-criminal justice agency of any records or data the CHSB has determined does not belong to the identity theft victim."

The DCJIS has implemented an Identity Theft Index for the purpose of assisting individuals that have been the victim of identity theft and as a result have a CORI wrongly associated with their information. The ID Theft Index is limited to those individuals that have a CORI as a result of the crime of ID theft; it is not for individuals that have solely have had their credit or bank history accessed by the offender. As a non-criminal justice agency certified by the CHSB, you may have applicants that disclose to you that they have been a victim of identity theft and have enrolled in the CHSB Identity Theft Index. To implement this process all certified agencies must update their CORI requests forms to include the ID Theft Index PIN Number field. This updated form was mailed to certified agencies on May 2, 2008.

When submitting CORI requests for applicants that have disclosed to you that they are victims of identity theft, please complete the paper form with the ID Theft Index PIN Number and fax it to 617-660-4613. Be advised, the DCJIS Web-CORI application does not currently have the capability to process requests for victims of ID Theft. Therefore, please be sure to fax only these types of requests.

For victims of identity theft that have a criminal record that is wrongly associated with their CORI, please review the CHSB Information on How to Establish Yourself as a Victim of Identity Theft for CORI Purposes.

For general information regarding identity theft and for identity victims that do not have a criminal record wrongly associated with their CORI, please visit the Federal Trade Commission's website at: www.ftc.gov/bcp/edu/microsites/idtheft/.

 (2) Verification of Information Contained on CORI Request Form

Effective May 16, 2008 the CHSB regulations have been amended by inserting the following:

803 CMR 3.05(2)(d), "In order to obtain a CORI check on an applicant, the agency shall:…(d) verify the identity of the applicant whose CORI is being requested with at least one form of government issued photographic identification or if the individual has not been issued such a form of identification, then verify the applicant's information with a government issued non-photographic identification, such as a birth certificate or social security card…"

803 CMR 3.05(3), "If the applicant whose CORI is being requested is unable to appear in person at the agency to provide the required government issued identification at the time the CORI request form is completed, then the individual may provide the agency with a clear, legible copy of the identification. In such instances, the agency is required to conduct an in-person verification of the identity of the applicant with at least one form of government issued identification prior to or simultaneously with the applicant beginning or receiving any employment, service or benefit to ensure the CORI received from the CHSB corresponds to the applicant for whom a request was made."

The CHSB CORI regulations require certified agencies to verify and document the information contained on the CORI request form with government-issued photographic identification. The amendments to the CHSB regulations permit agencies to accept a birth certificate or social security card only if the individual does not have a government-issued photographic form of identification.

The CHSB CORI regulations require agencies to verify the information contained on the CORI request form prior to submission to CHSB. In addition, the amendments to the CHSB regulations provide a limited exception to verification prior to submission. The exception provides that in the event the individual is unable to appear in person to provide the required government issued photographic identification, then the agency shall (1) obtain a copy of the identification prior to submission; and (2) then verify the information either prior to or simultaneously with the applicant beginning or receiving any employment, service or benefit to ensure that the CORI received from DCJIS correspondences to the applicant for whom a request was made.

 (3) Documentation to be provided to individuals subject to a CORI check

Effective May 16, 2008 the CHSB regulations have been amended by inserting the following:

803 CMR 6.11(1), "All agencies certified to access CORI under the provisions of M.G.L. c. 6, §§ 172(b) or 172(c) are required to provide a copy of the CORI received from the CHSB to each individual whose record is requested, unless the CHSB indicates to the agency that no record exists for an individual. In every case in which a certified non-criminal justice agency receives a response other than a "No Record" response from the CHSB, the agency shall provide the individual with a copy of the record before any determination or decision is made on the basis of the record. In addition to the copy of the record, the agency shall also provide the individual with information made available by the CHSB on how to correct a CORI and information on how to enroll in the Identity Theft File to establish that the person is the victim of identity theft."