Nonprofit compliance in Massachusetts

Massachusetts has a robust Criminal Offender Record Information (CORI) system under M.G.L. Chapter 6 that governs access to criminal records. Public schools are mandated under M.G.L. c. 71, § 38R to conduct CORI checks on all volunteers with direct and unmonitored contact with children, with renewal every three years. Private nonprofits with 5+ annual background checks must maintain a written CORI policy. The CORI Reform Act (2010) modernized the system and expanded access for nonprofits working with vulnerable populations.

• M.G.L. Chapter 71, Section 38R — School Volunteer CORI Checks (Mass. Gen. Laws ch. 71, § 38R) — Mandates that all schools conduct criminal background checks on current and prospective employees and volunteers who may have direct and unmonitored contact with children. CORI must be obtained at least every three years. Applies to volunteers who regularly provide school-related transportation to students.
• CORI Reform Act — M.G.L. Chapter 6, Sections 167–178B (Mass. Gen. Laws ch. 6, §§ 167–178B (as amended by 2010 Acts Ch. 256)) — The Criminal Offender Record Information (CORI) Reform Law, effective 2012, governs access to and use of criminal records maintained by the DCJIS. Establishes procedures for how organizations may request, use, and store CORI information. Organizations conducting 5+ checks/year must have a written CORI policy.
• M.G.L. Chapter 6, Section 172I — Educational Institution CORI Access (Mass. Gen. Laws ch. 6, § 172I) — Authorizes schools and districts to obtain CORI on employees, volunteers, subcontractors, and commissioned laborers. Grants schools a higher level of CORI access compared to general nonprofit employers, enabling access to more complete criminal history records.
• M.G.L. Chapter 119, Section 51B — Child Abuse Reporting and Registry (Mass. Gen. Laws ch. 119, § 51B) — Establishes the DCF central registry for substantiated child abuse reports. Organizations serving children may check this registry through the DCF Background Review Unit as part of comprehensive volunteer screening.
• Who it reaches: School volunteers with direct and unmonitored contact with children (M.G.L. c. 71, § 38R — mandatory); Volunteers in licensed childcare programs (EOEEA/EEC-regulated settings); Volunteers in DCF-contracted programs and family support services; Volunteers in OMH-regulated mental health programs; Any volunteer at an organization conducting 5+ background checks annually (CORI policy required).
• Check types in use: CORI (Criminal Offender Record Information) check via DCJIS iCORI system; Sex Offender Registry check (Massachusetts Sex Offender Registry Board, SORB); DCF Background Review Unit check (child abuse registry); FBI national fingerprint check (required for school employees; recommended for volunteers in highest-risk roles); CORI-inaccessible records check (available only to schools at enhanced access level).
• Administered by: Massachusetts Department of Criminal Justice Information Services (DCJIS), iCORI system; Sex Offender Registry Board (SORB); Department of Children and Families (DCF) Background Review Unit; Department of Early Education and Care (EEC) for licensed childcare.
• Typical processing: DCJIS iCORI: instant to 3 business days; SORB: instant online; FBI fingerprint: 2–4 weeks.

Massachusetts is one of the 40 states that generally require a charitable organization to register before soliciting contributions from its residents — typically before the first ask, not after the first gift, and usually with an annual renewal.

• Registration is generally required before soliciting, including by mail, phone, email, or a public donate page.
• Soliciting residents of other states can trigger registration in those states regardless of where you are based — an online donate button reaches all fifty.
• Exemptions exist in most registering states (small organizations, religious organizations, membership appeals) but they are specific and usually must be claimed rather than assumed.
• Confirm current requirements with your state charity office before relying on this — thresholds and exemptions are amended frequently.

These apply regardless of which state you operate in, and they are the ones most commonly missed by small organizations that assume state registration is the whole picture.

• Annual Form 990, 990-EZ, or 990-N. Three consecutive years of non-filing revokes exempt status automatically — this is the single most common way small nonprofits lose their status.
• If you run background checks on volunteers, the Fair Credit Reporting Act applies to you as a user of consumer reports: a standalone written disclosure, separate written authorization, and the pre-adverse and adverse action sequence before acting on a result.
• Public disclosure: your exemption application and recent 990s must be made available on request.
• Employment obligations attach to paid staff regardless of exempt status — payroll tax, worker classification, and wage and hour law all apply.