HOUSE DOCKET, NO. 2688        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1833

The Commonwealth of Massachusetts

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PRESENTED BY:

Edward R. Philips

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to criminal offender record information checks.

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PETITION OF:

HOUSE DOCKET, NO. 2688        FILED ON: 2/18/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1833

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3771 OF 2019-2020.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to criminal offender record information checks.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 172 of chapter 6 of the General Laws, as most recently amended by section 1 of chapter 202 of the acts of 2018, is hereby further amended by adding the following subsection:-

(p) (1) Notwithstanding any provision of this section or any other general or special law to the contrary, a person may, upon application on a form to be established by the department, request that the department return a letter certifying that the person has no available criminal offender record information.  Within 5 business days of receiving an application pursuant to this subsection, the department shall search all available criminal offender record information, including conviction data, arrest data, sealed record data and juvenile data, pertaining to that person.  If the search confirms that there is no available criminal offender record information pertaining to that person, the department shall, within 5 business days, send a dated letter to the person certifying that there is no available criminal offender record information pertaining to that person.  

(2) Notwithstanding any provision of this section or any other general or special law to the contrary, in response to a requestor for a signed acknowledgement form pursuant to subsection (c), a subject may provide the requestor with a copy of a certification letter sent by the department pursuant to paragraph (1).  If the subject provides the requestor with a valid certification letter dated by the department within 1 year before provision of the letter to the requestor, the requestor shall be considered to have: (i) obtained all available criminal offender record information pertaining to that person; and (ii) satisfied any requirement of this chapter or any other general or special law to obtain criminal offender record information for that person.