Section 171. The department shall promulgate regulations (a) creating a continuing program of data auditing and verification to assure the accuracy and completeness of criminal offender record information; and (b) assuring the security of criminal offender record information from unauthorized disclosures at all levels of operation.
The department shall cause to be initiated for employees of all agencies that maintain, receive, or are eligible to maintain or receive criminal offender record information a continuing educational program in the proper use and control of such information.
The content and use of evaluative information, and the inspection, receipt of copies and challenge of such information by an individual shall not be governed by the provisions of this act except as provided in this paragraph. Each criminal justice agency holding evaluative information shall, pursuant to section two of chapter thirty A, promulgate regulations to govern the content and use of evaluative information, and to govern, limit or prohibit the inspection, receipt of copies and challenge of such information by an individual referred to therein. Such regulations shall, at a minimum, provide that an agency which generates evaluative information shall make such information available within a reasonable time period upon request to the individual referred to therein unless such information falls within such exemptions as the agency shall establish in said regulations. No agency shall establish an exemption for evaluative material unless disclosure of such information would pose a direct and articulable threat to the safety of any individual or the security of a correctional facility, and such threat shall have been detailed in a certificate which is kept with such evaluative information. An agency shall reply in writing, upon the request of an individual for the release of their evaluative information. Said writing shall include the agency's decision to release or withhold the evaluative information in whole or in part and a listing of all sources of origin for all evaluative information generated by the custodial agency.
Notes of Decisions
Commonwealth v. Vickey, 412 N.E.2d 877 (Mass. 1980).
· cites it 7× “276, §§ 100A and 100C, but argues that G. L. c. 6, § 171, 2 recognizes a judicial power to order sealing or purging without preemption by the provisions for sealing in G.”
Police Comm'r v. Mun. Court of Dorchester Dist., 374 N.E.2d 272 (Mass. 1978).
· cites it 3× “” G. L. c. 6, § 171. Purging is defined to mean the removal of information so that “there is no trace of information removed and no indication that said information was removed.”
Commonwealth v. Roberts, 656 N.E.2d 1260 (Mass. App. Ct. 1995).
“, 374 Mass, at 661, speaks of the authority *357 of a court to expunge a person’s record as a “necessary adjunct” to the “exercise of judicial power” and that statutory grants of power to purge records (as in G. L. c. 6, § 171) are but “recognition of the authority of courts to…”
Commonwealth v. S.M.F., 660 N.E.2d 701 (Mass. App. Ct. 1996).
“Indeed, there is concession to the continued vitality of the inherent judicial power to expunge criminal records in the language of G. L. c. 6, § 171, having to do with criminal offender record information.”
Bellin v. Kelley, 724 N.E.2d 319 (Mass. App. Ct. 2000).
“Thus G. L. c. 6, § 171, first par. (as inserted by St.”
Commonwealth v. Boe, 900 N.E.2d 884 (Mass. App. Ct. 2009).
· cites it 2× “The majority’s holding that § 100C is neither applicable nor adequate and that expungement is authorized by G. L. c. 6, § 171, blinks at the plain language of § 100C and the teaching of numerous opinions of the Supreme Judicial Court and this court regarding the lack of…”
Hamani v. Commonwealth of Exec. Off. of Pub. Saf. & Sec., 32 Mass. L. Rptr. 416 (Mass. Super. Ct. 2014).
· cites it 3× “Violation of Criminal Offender Record Information Statute The plaintiff claims that both DCJIS (Count II) and Probation (Count IV) violated G.L.c. 6, §§171 through 172, by negligently allowing Delk-Millien access to protected CORI information, which she disseminated to other…”
Commonwealth v. Mumford, 25 Mass. L. Rptr. 462 (Mass. Super. Ct. 2008).
“” G.L. c. 6, § 171. Evaluative information is within the scope of public records, and “any criminal justice agency, which generates evaluative information, shall make said information available to the individual to whom it refers upon his/her writing within a reasonable period…”
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