CORI Inclusions and Exclusions

CORI is defined in M.G.L. c. 6, § 167 and shall include any records or data in any communicable form which meet all the following criteria such that they: (a) are compiled by a Massachusetts criminal justice agency; (b) concern an identifiable individual; (c) relate to the nature or disposition of any one of the following: 1. a criminal charge; 2. an arrest; 3. a pre-trial proceeding; 4. any other judicial proceeding; 5. a previous hearing conducted pursuant to M.G.L. c. 276, § 58A where the defendant was detained prior to trial or released with conditions under M.G.L. c. 276, § 58A(2); 6. sentencing; 7. incarceration; 8. rehabilitation; or 9. release. (d) are recorded in a criminal proceeding that was not: 1. dismissed before arraignment; or 2. subject to the filing of a nolle prosequi before arraignment; (e) concern an individual, who: 1. has reached 18 years of age or older; 2. prior to September 18, 2013, had reached 17 years of age or older; or 3. was younger than 18 years old, but was adjudicated as an adult in superior court or adjudicated as an adult after transfer of a case from a juvenile session to another trial court department. (f) concern offenses that are punishable by incarceration. (2) CORI shall not include: (a) information recorded in a criminal proceeding that was dismissed before arraignment; (b) information recorded in a criminal proceeding in which a nolle prosequi was filed before arraignment; (c) information concerning criminal offenses or acts of delinquency committed by any individual younger than 18 years old on or after September 18, 2013 or 17 years of age prior to September 18, 2013, unless the individual was adjudicated as an adult; (d) photographs, fingerprints, or other identifying data of an individual used for investigative purposes, except where it meets the definition of CORI in 803 CMR 2.03; (e) evaluative information; (f) statistical and analytical reports and files in which individuals are not directly or indirectly identifiable; (g) intelligence information; (h) information regarding any offenses which are not punishable by incarceration; (i) booking photographs; (j) daily police logs, arrest registers, or other similar records compiled chronologically; (k) chronologically maintained court records of published judicial proceedings; (l) decisions of the Parole Board; (m) published records of public court or administrative proceedings; (n) published records of public judicial, administrative, or legislative proceedings; (o) federal criminal record information; or (p) anything otherwise excluded by law. (3) Any information in a police incident report that meets the definition of CORI in 803 CMR 2.03(1) is CORI. (4) Booking photographs by themselves are not CORI, but any information on a booking sheet will be CORI where it meets the definition of CORI in 803 CMR 2.03(1). (5) Regardless of whether an individual is identified by name, an individual may be identifiable for purposes of 803 CMR 2.03(1)(b) if the person is identifiable in some other manner. Fingerprints concern an identifiable individual for purposes of 803 CMR 2.03(1)(b), regardless of whether the individual is identified by name or in any other manner; therefore, fingerprints are CORI where they otherwise meet all the criteria in 803 CMR 2.03(1).