Will My Criminal Case Show Up on a Background Check?

In Massachusetts, a criminal case may appear on a background check depending on the type of case, how it was resolved, who is requesting the report, and whether the record has been sealed or expunged. Even cases that did not result in a conviction may still be visible in some circumstances.

What Types of Cases Show Up on a Background Check?

Many Massachusetts background checks rely on Criminal Offender Record Information, commonly known as CORI. A CORI report may include information about criminal cases in Massachusetts state courts, although access depends on the type of requester and the rules that apply to that request. The Massachusetts Court System provides information about Massachusetts criminal records and CORI.

The following may appear, depending on the background check and access level:

• Open criminal cases
• Pending charges
• Convictions, including misdemeanors and felonies
• Certain dismissed cases, nolle prosequi cases, or not guilty findings, depending on who is requesting the information and whether the record has been sealed

Do Dismissed or Dropped Charges Show Up?

Yes, in some cases. Even if charges are dismissed, dropped, continued without a finding and later dismissed, or resolved with a not guilty finding, the case may still appear on certain background checks unless the record has been sealed or expunged.

However, Massachusetts law limits what many employers, landlords, and other requesters can see. The level of access depends on the requester, the type of case, the age of the record, and whether the record is eligible to be sealed.

How Long Does a Criminal Case Stay on Your Record?

A criminal case can remain on your Massachusetts record indefinitely unless action is taken to limit or remove access to it. Massachusetts allows eligible individuals to seal certain criminal records, and in more limited circumstances, to expunge certain records.

Sealing does not destroy the record, but it limits who can access it. Expungement is different because it permanently destroys the record so that it is no longer accessible by the court or other state, municipal, or county agencies. The Massachusetts Court System explains the difference through its resources on expunging a criminal record in Massachusetts.

Who Can See Your Criminal Record?

Access to your criminal record depends on who is requesting it and why. Employers, landlords, licensing agencies, law enforcement, courts, and government agencies may have different levels of access under Massachusetts CORI laws.

Some requesters may see only limited information, while others may have broader access. For example, certain government agencies or positions involving sensitive responsibilities may be allowed to review more information than a standard private employer.

Can You Remove a Case From Your Record?

In many situations, you may be able to limit access to a case or remove it from your record, depending on eligibility. You may be eligible to:

• Seal your record, which limits who can see it
• Expunge your record, which permanently destroys the record if you qualify

Eligibility depends on the type of offense, how the case was resolved, whether there are other open cases or disqualifying factors, and how much time has passed. Massachusetts provides information on how to request to seal your criminal record.

What Should You Do If You Are Concerned About a Background Check?

If you are worried about how a criminal case may affect your future, it is important to speak with an experienced criminal defense attorney. Understanding what is on your record, who may be able to see it, and whether sealing or expungement may be available can help protect your record and your opportunities.

If you have questions about your criminal record or background checks in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley for guidance.