CORI Keeps People Locked Up!

On January 12th, Governor Deval Patrick announced a bill and an executive order aimed at reforming the state's system of criminal records.

Criminal offender record information (CORI) is a pillar of racism in Massachusetts. For over 2 ½ years, a diverse coalition of community groups has been organizing a movement to demand change in the current system of criminal records... a system that members of Governor Deval Patrick's office have described as "broken".

CORI is a statewide database of criminal records that lists the number of times an individual has been before a court and the charges against them. Every year in Massachusetts approximately 20,000 people are discharged from correctional facilities with CORIs. Many more people have CORIs but have not been convicted or incarcerated. 

Originally, CORI was designed so that law enforcement officials could gather information efficiently and release it to hospitals, universities and other institutions with a clear need to see the records. In 1994, only 1 out of 5 employers used CORI reports to screen potential job seekers. By 2004, 4 out of 5 employers checked for records on job applications. 80% of businesses in Massachusetts that check CORIs say that they will not hire anyone with a record, regardless of the offense, even though the charges may be irrelevant to the jobs. Additionally, CORI prevents applicants from accessing subsidized housing, obtaining loans, getting insurance, and becoming a guardian or foster parent.

The vast majority of employers and other organizations that check CORIs do not know how to read a CORI (for example, employers might not be able to differentiate between a conviction and a non-conviction on the record, or between somebody who has several entries on a report because of an appeal process for a single incident and a person who has been tried for multiple crimes). Yet these employers often deny jobs because of the reports... even though the charges may be irrelevant to the jobs being sought.
These discriminatory practices disproportionately affect people of color because of racial profiling and the high police presence in neighborhoods that are predominantly non-white. As such, the CORI system is a perfect example of how institutional racism works to systematically deny people of color access to resources and participation in the work force. Housing is of particular concern. For example, the parent of a child with a felony record is denied access to public housing if the child lives in their home. This policy puts unneeded pressure on families in working-class neighborhoods and often destroys an individuals chance at successful re-entry into society- perpetuating a circular racist logic that buoys fears of violence and incarceration rates.

Denial of housing and the right to work is not simply a local phenomenon either. Currently struggles are being waged across the nation and globally to resist this systemic tendency. The current housing crisis in New Orleans (peopleshurricane.org for more info) and the increased presence of Immigration and Customs Enforcement in communities with high immigrant populations are both efforts to criminalize, disenfranchise, and forcefully relocate people of color. CORI must be viewed and put into context as a global phenomenon.

Not to be left out of this conversation are the large corporations and state agencies that reap huge economic gains from keeping large percentages of the population behind bars. As previously mentioned, when people get out of prison, they are far less likely to be able to build a successful life because of CORI and often wind up back in jail. Corporations and state agencies that build prisons and run them benefit from increased spending and profits at the expense of those locked up. For example, in 1998, one prison pay phone generated on average $15,000 a year for MCI. MCI installed these phones for free. Since 1980, the percentage of the general U.S. population behind bars has grown by 450%. As the numbers grow, the profits keep going up. And in Massachusetts, where 85% of the citizenry is white, people of color make up over 55% of the state's prison population. The prison industry is one of the fastest growing industries in the country... profiting off of exploitation and oppression. CORI, as an outgrowth of that industry, is designed to keep people of color and working class people contained, both behind prison walls and in our communities. 



To take it a step further, sexual violence against inmates- particularly women, transgender folks, and people who identify as gay, lesbian, or bisexual- is highly prevalent in prisons. Women, transgender people and non-heterosexuals are much more likely to be victims of sexual violence than straight men. As a result, people whose identities are already marginalized by society are beat down (literally and figuratively) even further in a prison environment. Prison rape distorts inmates' images of their gender and sexuality and limits inmates' psychological development. It destroys their ability to affirm their identities as people. Ultimately, sexual violence in prisons destroys communities. Prisons destroy communities. CORI destroys communities.



CORI also affects students and youth. Colleges can deny financial aid and even admission for even minor offenses. In addition, a students inability to get a job because of a CORI makes it impossible to pay for school. The Common Application (accepted by 90% of four-year colleges nation-wide) and individual college applications also ask questions about student disciplinary history. Thus far, it is clear that colleges do not have the power to check for CORIs. However, high school policies determine how and what information students and guidance counselors must disclose on college applications. Students at Boston College, Brandeis, and Harvard are engaging in city-wide and campus struggles to push our city's universities to become more CORI friendly by pushing their universities to act in compliance with CORI non-discrimination legislation passed by the Boston and Cambridge City Councils respectively.



Somewhat more discouraging though, is data produced in a recent study that White people with CORIs are actually more likely to get called back after a first interview for an entry-level job than a Black person without one. The study found that 34 percent of the White test group without criminal records received callbacks while the 14 percent of the Black group without records was called back. The White group with records was called back 17 percent of the time, while the Black group with records had a 5 percent chance of callbacks.



Aaron Tanaka of the Boston Workers Alliance writes; "Clearly, undoing criminal record discrimination is crucial for reversing the devastatingly low chances of Black returning prisoners—often concentrated in a handful of neighborhoods—to overcome chronic unemployment. But, given that employers prefer White ex-offenders to all Black applicants for entry-level jobs, eliminating the discriminatory mechanism of criminal record checks does not necessarily present a solution to the broader crisis of Black underemployment; ending record checks without addressing racism in business ownership and hiring could simply promote employer preference of white ex-offenders and exacerbate existing disparities between Black and White job seekers." Fighting CORI, white supremacy, and other systems of oppression must go hand in hand.



But to bring it back to Governor Patrick's proposed reforms... community groups such as the Boston Workers Alliance, the Massachusetts Alliance to Reform CORI, as well as black elected officials and Mayor Thomas Menino have applauded the effort but still see much room for improvement. In particular, a reform package in House Bill #1416 called for the amount of time needed to close a record or "seal" a CORI from 15 years to seven years for a felony, and from 10 years to three years for a misdemeanor. Governor Patrick's proposal only calls for a reduction of 5 years for each statute. The Governor's law would also NOT remove non-convictions from an individuals record or include non-discrimination clause (amendments that many community organizations are calling for). Such measures could prevent employers or other institutions from accessing CORIs until they had decided whether or not the applicant was qualified. For more information on Governor Patrick's new proposal, please visit the Boston Worker's Alliance website at bostonworkersalliance.org.

An important thing to recognize though is that the movement for CORI reform in Massachusetts is at a critical juncture and YOU can play an important role. Call Governor Deval Patrick's office ( 617-725-4005) and tell him you want him to support non-discrimination protection and reduced time to seal records! Visit bostonworkersalliance.org for more information, or email the city-wide university student movement to reform CORI at our cities universities (cori.reform@gmail.com) to learn more and get involved. Taking action and working to reform the system to allow CORI subjects to acquire decent jobs, housing, financial aid and other resources is essential to preventing recidivism and building stronger communities!