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Ask Colleen Grady Your Own Question
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 444
Experience:  Attorney and Counselor at Law
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I want to know if a cop can do a Cori or back round check on

Customer Question

I want to know if a cop can do a Cori or back round check on me for his personel use. In the states of Massachusetts and new hampshire
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: I believe a police officer I've never met may have done a background check on me as a favor to someone else. I want to know if that is legal to do the officer has no reason to do so
JA: Is there anything else important you think the Lawyer should know?
Customer: I don't think so
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 5 months ago.
Hello. I will help you with this information. I have been an attorney for 27 years and worked for 9 years in law enforcement as a prosecutor.No, a police officer cannot do a background check as a favor to anyone else. If you tell me what police department he works for, I will tell you what you can do. I am also preparing information on the law for your question.
Customer: replied 5 months ago.
Ok thank you. I don't know the dept or if it is in Massachusetts or New Hampshire. But I will find out soon
Expert:  Colleen Grady replied 5 months ago.
I will let you know the law in both states. Give me about 15 minutes and I will prepare the information for you.
Customer: replied 5 months ago.
Can he do it for his own personnel q
Expert:  Colleen Grady replied 5 months ago.
Customer: replied 5 months ago.
Customer: replied 5 months ago.
No ma'am that's not affordable to I wish I could call but thank you
Customer: replied 5 months ago.
my next question would be how do I find out if my info has been accesed
Customer: replied 5 months ago.
Expert:  Colleen Grady replied 5 months ago.
I am here. I am getting the regulations for you
Expert:  Colleen Grady replied 5 months ago.
There is a complaint process. Logs must be kept when records are accessed. Let me get that information for you. I am working on a response.
Expert:  Colleen Grady replied 5 months ago.
According to CMR Regulations Section 7.09, records “shall not be accessed for any non-criminal justice purpose.”This records shall only be accessed for(a) criminal investigations, including motor vehicle and driver's checks;(b) criminal justice employment;(c) arrests or custodial purposes; and(d) research conducted by the Criminal Justice Agency.
Expert:  Colleen Grady replied 5 months ago.
CORI may be provided to another criminal justice agency for official criminal justice purposes. The police officer would need to have an official responsibility for a pending criminal investigation against you to get the information.
Expert:  Colleen Grady replied 5 months ago.
or the police officer be obtaining the information to search for you or apprehend you for a disturbance at a penal institution
Expert:  Colleen Grady replied 5 months ago.
CJA may disseminate CORI you or to your attorney (with a signed release from you). The CORI provided shall be limited to information compiled by the CJA, such as a police report prepared by the CJA.
Expert:  Colleen Grady replied 5 months ago.
Here is how you would file a complaint. I will give you the exact statement of the law:7.12: Complaints Alleging Improper Access or Dissemination of Criminal Justice Information Services (CJIS) Information An individual may file a complaint with DCJIS upon the belief that an agency improperly obtained information, or attempted to obtain CJIS information regarding the individual. (a) DCJIS shall review the complaint. If it contains a sufficient statement describing the allegation, DCJIS staff shall conduct an audit of the CJIS system to determine if a specific CJA or CJIS authorized user accessed the individual's information through CJIS during the time period in question. If the audit confirms such access then DCJIS staff may contact the agency head to request an internal investigation (b) If requested by the DCJIS, the agency head shall conduct an investigation into the alleged misuse according to the rules, regulations, and policies in place at the agency. At the conclusion of the investigation, the agency head shall provide DCJIS with a written summary of the investigation's findings. In addition, if the agency head substantiates the allegation(s), the written summary shall provide details of the specific actions taken to correct the misuse as well as details of the sanctions imposed on the subject(s) of the investigation, if any. (c) DCJIS may impose additional penalties as outlined in 803 CMR 7.00. 7.13: Penalties for Improperly Access or Dissemination (1) A CJIS user may be subject to federal and state civil and criminal penalties for improper access or dissemination of information obtained from or through CJIS pursuant to M.G.L. c. 6, §§ 167A (d), 168 and 178 and 28 CFR 20: Criminal Justice Information Systems. Give me a short time to see where you would complain. This is all for CORI in Massachusetts.
Expert:  Colleen Grady replied 5 months ago.
Here is a link to filing a CORI Complaint in Massachusetts: can do this online or file a paper form. Both are contained at this link.Now give me a short time to find the information for you in New Hampshire
Expert:  Colleen Grady replied 5 months ago.
According to the New Hampshire Department of Public Safety all criminal record informination "in New Hampshire is confidential, and is disseminated under the authority of Revised Statute Annotated (RSA) 106-B: 14, and Administrative Rule Saf-C 5700. For non-criminal justice purposes, no CHRI is released without the permission and knowledge of the individual of whom the request is being made. Anyone can request their own New Hampshire CHRI, or with permission of the record owner, can request the New Hampshire CHRI of another. There are a few circumstances where either a New Hampshire, or both a New Hampshire and FBI CHRI are statutorily required. Examples would be for employment, licensing, housing, and healthcare."
Expert:  Colleen Grady replied 5 months ago.
I am still looking for the complaint procedure in New Hampshire.
Expert:  Colleen Grady replied 5 months ago.
In New Hampshire, contact:Department of SafetyJames H. Hayes Safety Building33 Hazen DriveConcord, NH 03305Write a letter specifying all the information you have regarding the release of your record.Please let me know if I can help more. If you are satisfied with my help, please rate me.

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