If you are seeking a Massachusetts expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Massachusetts Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
There is no provision for expunging convictions in Massachusetts .
Additional restrictions on who can qualify for an expungement
Upon the entry of a judgment in favor of a claimant and following a separate hearing on the matter, the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the criminal history systems board, the probation department, and the sex offender registry that directly pertain to the claimant's erroneous felony conviction case, including documents and other materials and any samples obtained from the claimant.
Does the law provide for sealing? What are the requirements?
G.L.c. 276, § 100C contains provisions for immediate sealing of adult records in cases involving acquittal or dismissal of criminal charges, whereas G.L.c. 276 § 100A provides for sealing of adult records after a ten to fifteen year waiting period.
Juveniles must wait three years to have records sealed under G.L.c. 276, § 100B. There must be no adjudications of delinquency or guilt of other crimes during the three year period.
G.L.c. 94C, § 44 also provides for the sealing of records dealing withcontrolled substances violations of sec. 34. Upon acquittal, dismissal or indictment nol prossed, the court shall order all official records relating to the arrest, indictment, conviction, continuance or discharge to be sealed; provided, however, that departmental records maintained by police and other law enforcement agencies which are not public records shall not be sealed.
If the records are sealed, they may not be used to disqualify the subject person from public employment, but may be used in imposing sentence for subsequent offenses in delinquency or criminal proceedings. It allows a person to state that no record exists upon an employment application and prevents the sealed records from disqualifying the subject person from public employment.
Pardoned convictions may be sealed under G.L.c. 127, § 152.
Upon approval of a petition for pardon, the governor shall direct all officers to seal all records relating to the offense for which the person received the pardon
What does it mean if you have a record expunged or sealed?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges is the expungement. But there is no provision for expunging convictions in Massachusetts .
After a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.
Such sealed records shall not disqualify a person in any examination, appointment or application for employment or other benefit, public or private, including, but not limited to, licenses, credit or housing, nor shall such sealed record be admissible in evidence or used in any way in any court proceeding or hearing before any board, commission or other agency except in imposing sentence in subsequent criminal proceedings. Such sealed records may not be used in employment applications.
Are you eligible for a Massachusetts Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Massachusetts soon.