Journey Out of Neverland: CORI Reform, Commonwealth v. Peter Pon, and Massachusetts’s Emergence as a National Exemplar for Criminal Record Sealing

Abstract

Even after a criminal case is disposed of and a period of incarceration or probation is completed, individuals who have become involved in the criminal justice system often face a myriad of collateral consequences based on their criminal records. In order to promote reintegration and combat recidivism, many states have taken legislative actions to ease the burden associated with having a criminal record. In recent years, these efforts have led several states to reform or enact statutes for criminal record sealing or expungement, a controversial, yet highly efficacious tool to provide greater employment and housing opportunities for ex-offenders. In 2010 and in 2014 respectively, the Massachusetts legislature and judiciary made considerable changes to the way that criminal records are managed, disseminated, and sealed in the Commonwealth’s Criminal Offender Record Information (“CORI”) system. This Note argues that Massachusetts has established a thorough and balanced approach to criminal record sealing that, with certain modifications, can serve as a model for reform for other states and the federal government.