If it is illegal for an employer to use, request or store CORI information from job applicants that do not have convictions then why does the Commonwealth of MA continue to send them this information? Is the Criminal Offender Systems Board in violation of Massachusetts law?
Employers have been given a free ride to discriminate against hard working Americans for too long. Please support CORI reform. Contact Governor Patrick and your state representatives to let them know this illegal practice needs to stop and you support real CORI reform not the Governors watered down proposal that does nothing to address the important issue of employer discrimination against Massachusetts residents with non-conviction CORI records.
Chapter 151B: Section 4. Unlawful practices
Section 4. It shall be an unlawful practice:
9. For an employer, himself or through his agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request any information, to make or keep a record of such information, to use any form of application or application blank which requests such information, or to exclude, limit or otherwise discriminate against any person by reason of his or her failure to furnish such information through a written application or oral inquiry or otherwise regarding: (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted.......
http://www.mass.gov/legis/laws/mgl/151b-4.htm
http://www.mass.gov/mcad/crimrec.html
Saturday, April 12, 2008
Friday, April 4, 2008
Man Can't Land Job After Criminal Record Mix-Up
Man Can't Land Job After Criminal Record Mix-Up
Man Told To Get Lawyer
FRANKLIN, Mass. -- A local man said he cannot get a job because a mandatory background check incorrectly said he has a lengthy criminal record.
Man Says State Mixed Up Record
NewsCenter 5's Pam Cross reported that Jim Marchand, of Franklin, said no one will believe that his mandatory criminal record check, or CORI record, is wrong.
Marchard, who worked at the same job for 18 years until his employer died, admitted he has two alcohol-related convictions on his record from a decade ago. When he had a CORI check for a new job, he found out that his record was littered with additional charges and convictions.
"Thirty-eight charges that aren't even mine and I've never even heard of," Marchard said.
The CORI results are several pages long and include charges of assault, breaking and entering and disturbing the peace.
He and another James Marchand both live in Franklin and were both born in June 1962, though on different days.
A state Web site tells residents in Marchand's position that they must go to each court mentioned to clear their names, in his case more than a half dozen. It's happened so often that legal experts call it identity entanglement.
"Absolutely, it's a terrible process. Here you have the criminal history system's board that is in charge of criminal records and how they are dealt with, and they are just sort of shucking the responsibility. They have taken it on now," said Ernest Windsor, of the Massachusetts Law Reform Institute.
Following a lawsuit, the state agreed to improve the system. But for now, the recommendation is the same -- fix your own problem by appearing in court.
"I went to Dedham, I went to Milford, I went to Wrentham, and they all told me the same thing -- get a lawyer," he said.
Still out of work, Marchand said he can't afford a lawyer.
"I've never even been to these towns (of the offenses). No one believes me," Marchard said.
New regulations overhauling the state's criminal records system could go into effect as early as July.
http://www.thebostonchannel.com/news/15797022/detail.html
Man Told To Get Lawyer
FRANKLIN, Mass. -- A local man said he cannot get a job because a mandatory background check incorrectly said he has a lengthy criminal record.
Man Says State Mixed Up Record
NewsCenter 5's Pam Cross reported that Jim Marchand, of Franklin, said no one will believe that his mandatory criminal record check, or CORI record, is wrong.
Marchard, who worked at the same job for 18 years until his employer died, admitted he has two alcohol-related convictions on his record from a decade ago. When he had a CORI check for a new job, he found out that his record was littered with additional charges and convictions.
"Thirty-eight charges that aren't even mine and I've never even heard of," Marchard said.
The CORI results are several pages long and include charges of assault, breaking and entering and disturbing the peace.
He and another James Marchand both live in Franklin and were both born in June 1962, though on different days.
A state Web site tells residents in Marchand's position that they must go to each court mentioned to clear their names, in his case more than a half dozen. It's happened so often that legal experts call it identity entanglement.
"Absolutely, it's a terrible process. Here you have the criminal history system's board that is in charge of criminal records and how they are dealt with, and they are just sort of shucking the responsibility. They have taken it on now," said Ernest Windsor, of the Massachusetts Law Reform Institute.
Following a lawsuit, the state agreed to improve the system. But for now, the recommendation is the same -- fix your own problem by appearing in court.
"I went to Dedham, I went to Milford, I went to Wrentham, and they all told me the same thing -- get a lawyer," he said.
Still out of work, Marchand said he can't afford a lawyer.
"I've never even been to these towns (of the offenses). No one believes me," Marchard said.
New regulations overhauling the state's criminal records system could go into effect as early as July.
http://www.thebostonchannel.com/news/15797022/detail.html
Message from CJPC
Dear Friends,
CJPC has posted at the web site www.cjpg.org the text of Governor Patrick's testimony before the Legislature's Judiciary Committee in support of his own bill for CORI reform. The Governor was warmly welcomed by Co-Chair of the Judiciary Eugene O'Flaherty, as the "first working Governor in over ten years." The Governor has already issued an Executive Order which significantly advances the cause of CORI reform. The Governor's testimony gives a substantial boost to his proposed legislation, and the testimony stresses many of the same points that CJPC and its allies have been making in advocating for CORI reform. These points include that:
at least 95% of all prisoners are eventually released;
20,000 prisoners are released every year in Massachusetts out of a total population of over 25,000 prisoners held in the county jails and state prisons;
reducing recidivism among released prisoners, is an effective way of reducing crime, because at the present time almost half of released prisoners recidivate after one year;
access to employment, housing and services substantially reduce recidivism rates;
programs like the Parole Board's Transitional Housing Program cost 50% of the $43,000 that it costs per year to keep a prisoner incarcerated.
if a released prisoner has not reoffended within 3 years [for a misdemeanor] and 7 years [for a felony] there is very little chance that he or she will reoffend;
spending money on rehabilitation efforts and neglecting to provide the necessary post-release support is bad fiscal policy.
There is still room for improvement in the Governor's proposed CORI legislation including proposed amendments which would:
1. allow sealing of records after seven years for a felony and three years for a misdemeanor; 2. require that prospective employees be first deemed qualified for a job before their CORI record is checked; 3. provide that non-convictions should be removed from an individual's CORI.
Sincerely,
Joel Pentlarge
email: chair@cjpc.org
phone: 617 426 5222
web: http://rs6.net/tn.jsp?e=001Ce8ovez19p0ox1mOvZs2FxFhLSnt5ruWLcLzKsueQDzdoeWy99hBQlNm6LaiwLfjDOVOHMpJhjLEh7xi-U8H9zkCzIcG9Gc7N70tDLo0i5Q=
CJPC has posted at the web site www.cjpg.org the text of Governor Patrick's testimony before the Legislature's Judiciary Committee in support of his own bill for CORI reform. The Governor was warmly welcomed by Co-Chair of the Judiciary Eugene O'Flaherty, as the "first working Governor in over ten years." The Governor has already issued an Executive Order which significantly advances the cause of CORI reform. The Governor's testimony gives a substantial boost to his proposed legislation, and the testimony stresses many of the same points that CJPC and its allies have been making in advocating for CORI reform. These points include that:
at least 95% of all prisoners are eventually released;
20,000 prisoners are released every year in Massachusetts out of a total population of over 25,000 prisoners held in the county jails and state prisons;
reducing recidivism among released prisoners, is an effective way of reducing crime, because at the present time almost half of released prisoners recidivate after one year;
access to employment, housing and services substantially reduce recidivism rates;
programs like the Parole Board's Transitional Housing Program cost 50% of the $43,000 that it costs per year to keep a prisoner incarcerated.
if a released prisoner has not reoffended within 3 years [for a misdemeanor] and 7 years [for a felony] there is very little chance that he or she will reoffend;
spending money on rehabilitation efforts and neglecting to provide the necessary post-release support is bad fiscal policy.
There is still room for improvement in the Governor's proposed CORI legislation including proposed amendments which would:
1. allow sealing of records after seven years for a felony and three years for a misdemeanor; 2. require that prospective employees be first deemed qualified for a job before their CORI record is checked; 3. provide that non-convictions should be removed from an individual's CORI.
Sincerely,
Joel Pentlarge
email: chair@cjpc.org
phone: 617 426 5222
web: http://rs6.net/tn.jsp?e=001Ce8ovez19p0ox1mOvZs2FxFhLSnt5ruWLcLzKsueQDzdoeWy99hBQlNm6LaiwLfjDOVOHMpJhjLEh7xi-U8H9zkCzIcG9Gc7N70tDLo0i5Q=
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