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July 17, 2009

MA: An Act to Reform CORI, Restore Economic Opportunity and Improve Public Safety H. #3523, S. #1608

From Boston Workers Alliance
An Act to Reform CORI, Restore Economic Opportunity and Improve Public Safety
H. #3523, S. #1608
Background

Growing access to criminal background information prevents hundreds of thousands of Massachusetts residents from obtaining work, housing and educational loans every year. Unregulated CORI practices lead employers to overlook qualified and motivated applicants from work. Meanwhile, ex-offenders who are unable to secure legal employment and housing are more likely to re-offend, and enter a costly cycle of re-incarceration. CORI reform in 2009 presents an immediate, cost-free strategy to reduce state expenses while improving public safety.

Summary of CORI Reform

Ban the Criminal History Question from Initial Job Applications

- An employer should only ask about a criminal record after reviewing an applicant and deciding that they are otherwise qualified for the position. Employers should consider an applicants’ resume, references and an interview before using criminal histories to screen out employees.

- Removing the criminal record question from initial job applications alters the timing of a criminal record inquiry, but does not limit an employer’s access to such information

- This law is modeled off of a CORI Reform Ordinance unanimously passed by the Boston City Council in 2005, and subsequently replicated in cities such as Cambridge, Worcester, Chicago, San Francisco and Austin. More recently, Massachusetts removed the CORI question through Executive Order for state jobs and health and human service vendors, and Minnesota became the first state to pass a “ban the box” statute for all public jobs.


Allows those who have not re-offended to seal old misdemeanor cases after 3 years and old felony records after 7 years

- Currently, a person’s felony record is accessible for 15 years and a misdemeanor is open for 10 years, which prevents people who want to be productive members of society to move on and work

- Countless longitudinal studies have shown that if an ex-offender stays crime free for 5-6 years, the likelihood of his/her re-offending drops to statistically non-significant levels

- The court system sets a precedent by requiring jury duty for those with felony convictions over 7 years in the past

Automatically remove not guilty and dismissed cases from the CORI

- Job applicants should not be punished for cases in which there was no finding of guilt

- Our judicial system maintains innocence until proof of guilt. Those who are exonerated by the courts should not forced to endure discrimination by employers and other gatekeepers
www.BostonWorkersAlliance.org

Posted by lois at July 17, 2009 06:27 PM

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