Massachusetts Legislature Approves Historic Changes to Criminal Record Laws
On the last day of the 2009-10 formal session, the Massachusetts state legislature gave final approval to an overhaul of the state’s criminal background check system. Intended to improve access to jobs, housing and other vital services for those with arrest records, reforming the Criminal Offender Record Information—known as CORI—has been an area of interest by community and labor organizations for nearly a decade. First introduced as a state legislative proposal in 2005, a broad array of stakeholders including major law enforcement and business associations has since joined efforts to update the laws. Motivated by the budgetary and public safety consequences of leaving ex-offenders unable to work, CORI reform gained bi-partisan support in the legislature as a “smart on crime” measure.
For members of the statewide Commonwealth CORI Coalition, the reforms are the fruits of a relentless campaign led by those suffering under the current CORI regime.
“When you’re trying to support your family, get your life on track, and be a role model, you can only have the door slammed in your face so many times,” Steve O’Neil, Executive Director of Ex-prisoners and Prisoners Organizing for Community Advancement (EPOCA). “We’ve been educating people across the state for over 6 years—even in a 5-day walk from Worcester to Boston—exposing CORI as an arcane and counterproductive system.”
CORI reform has long been a rallying cry on Beacon Hill, with advocates regularly bringing hundreds of supporters to rallies and lobby days to push changes. In 2007, Boston Workers Alliance organized thousands to march from Roxbury to the State House for CORI reform, in one of the state’s largest grassroots mobilizations in the last decade. This spring, members of the Black Ministerial Alliance held a 40-day fast for CORI reform during lent season.
Despite dramatic actions and apparent political consensus, a CORI bill remained elusive even into the last hours of formal session. Reportedly caught in the political impasse of expanded gambling proposals, final enactment votes only moved until after Speaker DeLeo and 100 legislators dared the Governor in a forceful press conference to veto their gaming bill. But by 11pm, CORI cleared both chambers, and the legislature sent a
comprehensive bill to the governor’s desk to sign within 10 days.
As a crowd of overjoyed supporters flooded into the State House hallways, Boston Workers’ Alliance member Cheryl Jefferson embraced her colleagues. “I’ve been waiting so long for this. This gives me a chance to support my daughter and myself and move on with our lives.”
In an emotional scene, lead House sponsor Representative Malia(D-Jamaica Plain) congratulated advocates for the hard fought victory. “These reforms are the product of your work. You’ve told your stories, put your sweat and tears into bringing my colleagues around, and I thank you!”
Coalition leader Aaron Tanaka, Executive Director of Boston Workers’ Alliance, recognized Conference Committee chairs Rep. Eugene O’Flaherty and Senator Cynthia Creem for the significance of the final bill. “These laws will not only give second chances to hundreds of thousands of residents across the state, it is also a national precedent setting reform. Massachusetts will become the first state in the country to ban the criminal history box from initial application forms so job seekers can have a fair shot at being considered before having to divulge the nature of a past offense.”
Speaking from the House floor, Representative Eugene O’Flaherty also highlighted reductions in the waiting period to seal criminal offenses as a critical aspect of CORI reforms. Felony offenses could be closed after 10 years and misdemeanors after 5. The reduction of 5 years from current law would not apply to sex offenses or cases of homicide.
Wilnelia Rivera, Neighbor to Neighbor campaign director and Commonwealth CORI Coalition chair applauded legislative leadership as well as Governor Patrick for his realization of a central campaign goal. “Governor Patrick has helped set the tone for the passage of reforms. And despite apparent disagreements on other issues, Speaker DeLeo, Senate President Murray, and Governor Patrick were able to move beyond politics and shepherd this highly anticipated policy victory for the residents of the Commonwealth.”
