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Patrick moves to reform criminal records law

Email|Print| Text size + By Ken Maguire
Associated Press Writer / January 11, 2008

BOSTON—People with criminal records would be able to more quickly shield that information from prospective employers under legislation filed Friday by Gov. Deval Patrick, who says the change will give them a better chance to become productive citizens.

Patrick's proposed overhaul of the state Criminal Offender Record Information or "CORI" system is aimed at giving people a second chance after they've served prison or probation terms, and even after being cleared of criminal charges.

"It improves their opportunity to get employment," said Kevin Burke, Patrick's secretary of public safety.

Currently, people convicted of felonies can seek to seal their criminal record after 15 years. Patrick's bill shortens the wait to 10 years, and shortens the wait on misdemeanor convictions from 10 to five years -- if the person stays out of trouble.

Misdemeanor violations of restraining orders would remain unchanged at 10 years, while sex offenders would never be eligible to seal records.

Employers search CORI records to weed out job applicants. Bradley MacDougall, a vice president Associated Industries of Massachusetts, which represents 7,000 employers, said there are mixed opinions about the bill.

"There are concerns with the sealing of records," MacDougall said. "The employers benefit by seeing the window of time."

But Burke said his research has shown that the longer an ex-offender stays out of trouble, the less likely he is to re-offend.

"Ten years is enough time to demonstrate character," the secretary said. "Character flaws would occur well within a 10-year period."

The legislation also would make it easier to prosecute anyone who inappropriately uses CORI information, and would give law enforcement officers access to sealed records.

In addition, Patrick signed an executive order restricting the CORI checks in state government hiring. It says a criminal background check can only be ordered after an applicant for a state job has been deemed qualified.

The executive order also calls for investments in training employers on how to interpret the sometimes confusing reports, and improves technology.

Boston Mayor Thomas Menino hailed Patrick's proposals as "much needed."

"Ex-offenders often have little or no support upon release, in effect giving them life sentences by denying them opportunities for work and setting them up to re-offend," Menino said in a statement.

A spokesman for House Speaker Salvatore DiMasi said the legislation is being reviewed. A spokesman for Senate President Therese Murray said she hadn't seen the bill and declined to comment.

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