Question 1

Can you get a criminal record expunged in Massachusetts?

Accepted Answer

Massachusetts mainly uses sealing. Sealed records stay on file but are hidden, and inquirers are told "no record" exists. Convictions can be sealed by request to the Commissioner of Probation after a waiting period, and non-conviction cases are sealed automatically or by court order. Expungement, which removes the record entirely, is narrow: it covers offenses committed before age 21 in limited circumstances, and records created by identity theft, error or fraud, or for conduct that is no longer a crime. Pardons granted by the Governor result in sealing.

Question 2

Can you clear an arrest or dismissed charge in Massachusetts?

Accepted Answer

When a defendant is found not guilty, the grand jury returns a no bill, or the court finds no probable cause, the Commissioner of Probation and the court must seal the records automatically, unless the defendant asks in writing that they not be sealed. When a case ends in a nolle prosequi or dismissal, the court must order the records sealed if it finds that substantial justice would best be served.

Question 3

Can a misdemeanor be expunged in Massachusetts?

Accepted Answer

Misdemeanor records can be sealed by filing a request with the Commissioner of Probation if at least 3 years have passed since the court appearance and disposition, including any incarceration or custody, and the person has had no conviction in Massachusetts or elsewhere and no imprisonment in the past 3 years (minor motor-vehicle offenses with fines of $50 or less don't count). Not eligible: convictions for certain firearms offenses (G.L. c. 140, §§ 121–131H), and offenses under chapters 268 and 268A (crimes against public justice and conflict-of-interest offenses), except resisting arrest. Sex offenses must wait at least 15 years and as long as any registration duty lasts; people ever classified as level 2 or 3 sex offenders cannot seal sex offenses.

Question 4

Can a felony be expunged in Massachusetts?

Accepted Answer

Felony records can be sealed through the same request to the Commissioner of Probation after 7 years since the disposition, including any incarceration or custody, with no conviction and no imprisonment in the past 7 years. The same exclusions apply as for misdemeanors (certain firearms offenses, offenses under chapters 268 and 268A except resisting arrest, and the sex-offense limits). Violations of abuse prevention orders and harassment prevention orders are treated as felonies.

Question 5

Does Massachusetts have automatic record clearing (clean slate)?

Accepted Answer

Partly. Not-guilty findings, grand jury no bills and no-probable-cause findings are sealed automatically unless the defendant asks in writing that they not be. Sealing of convictions is not automatic; the person must ask the Commissioner of Probation.

Question 6

Can a DUI be expunged in Massachusetts?

Accepted Answer

OUI (operating under the influence, G.L. c. 90, § 24) is not on the list of offenses excluded from sealing, so an OUI record may be sealed under the general sealing rules after the waiting period. OUI is expressly excluded from expungement.

Question 7

How do you seal a juvenile record in Massachusetts?

Accepted Answer

Delinquency records can be sealed by request to the Commissioner of Probation once 3 years have passed since the case and any supervision, probation, commitment or parole ended, with no delinquency finding or conviction and no imprisonment or commitment in the past 3 years. Expungement is available for people with no more than 2 delinquency or youthful-offender records when all offenses occurred before age 21. The wait is 3 years for misdemeanors and 7 years for felonies, the person must have no other records, and the offense must not be on the excluded list (for example offenses causing death or serious injury, armed offenses, sex offenses, OUI, firearms offenses, violations of protective orders and felony offenses against the person). A judge decides based on the best interests of justice.

Question 8

How do you file for expungement in Massachusetts?

Accepted Answer

To seal convictions after the waiting period, submit the Commissioner of Probation's form, signed under penalty of perjury; if the requirements are met, the Commissioner must seal the record and notify the courts involved. To seal a dismissal or nolle prosequi, ask the court where the case was heard. For time-based expungement of offenses committed before age 21, file a petition on the Commissioner's form. The Commissioner checks eligibility, notifies the district attorney (who has 60 days to object) and forwards the petition to the court, which holds a hearing if there is an objection. For expungement of records caused by identity theft, error, fraud, or an offense that is no longer a crime, petition the court, which must find clear and convincing evidence.

Question 9

What happens after a record is expunged or sealed in Massachusetts?

Accepted Answer

A sealed record cannot disqualify a person from public employment, and it generally cannot be used in court or before boards, except at sentencing for a later offense and in some family-law cases about custody, abuse or safety. Applications for employment, housing or occupational licenses that ask about criminal history must tell applicants with sealed records that they may answer "no record." Inquirers other than law enforcement, courts and certain appointing authorities are told no record exists. After expungement, the record is removed and agencies must tell anyone who asks, including criminal justice agencies, that no record exists.

Question 10

How do you get a pardon in Massachusetts?

Accepted Answer

The Governor grants pardons with the advice and consent of the Governor's Council, on a written petition. Petitions are first filed with the Parole Board acting as the Advisory Board of Pardons and become public records. When a pardon is approved, the Governor directs that all records of the offense be sealed. A pardoned person may answer "no" when asked whether they have been convicted of that offense, and the sealed record cannot be used to disqualify them for employment, licenses, credit or housing (with exceptions in later criminal cases).

Question 11

Can old marijuana convictions be cleared in Massachusetts?

Accepted Answer

Massachusetts has no separate law aimed only at past marijuana records. A court may order expungement of a record for an offense that is no longer a crime when expungement is sought, unless the conduct is still a crime under another name. The court must find this by clear and convincing evidence and decide in the interests of justice. Records of offenses that are no longer crimes can also be sealed immediately under the general sealing law.

What relief the state offers	Massachusetts mainly uses sealing. Sealed records stay on file but are hidden, and inquirers are told "no record" exists. Convictions can be sealed by request to the Commissioner of Probation after a waiting period, and non-conviction cases are sealed automatically or by court order. Expungement, which removes the record entirely, is narrow: it covers offenses committed before age 21 in limited circumstances, and records created by identity theft, error or fraud, or for conduct that is no longer a crime. Pardons granted by the Governor result in sealing. Source: M.G.L. c. 276, §§ 100A, 100B, 100C, 100F–100L; c. 127, § 152
Arrests and dismissed charges	When a defendant is found not guilty, the grand jury returns a no bill, or the court finds no probable cause, the Commissioner of Probation and the court must seal the records automatically, unless the defendant asks in writing that they not be sealed. When a case ends in a nolle prosequi or dismissal, the court must order the records sealed if it finds that substantial justice would best be served. Source: M.G.L. c. 276, § 100C
Misdemeanor convictions	Misdemeanor records can be sealed by filing a request with the Commissioner of Probation if at least 3 years have passed since the court appearance and disposition, including any incarceration or custody, and the person has had no conviction in Massachusetts or elsewhere and no imprisonment in the past 3 years (minor motor-vehicle offenses with fines of $50 or less don't count). Not eligible: convictions for certain firearms offenses (G.L. c. 140, §§ 121–131H), and offenses under chapters 268 and 268A (crimes against public justice and conflict-of-interest offenses), except resisting arrest. Sex offenses must wait at least 15 years and as long as any registration duty lasts; people ever classified as level 2 or 3 sex offenders cannot seal sex offenses. Source: M.G.L. c. 276, § 100A
Felony convictions	Felony records can be sealed through the same request to the Commissioner of Probation after 7 years since the disposition, including any incarceration or custody, with no conviction and no imprisonment in the past 7 years. The same exclusions apply as for misdemeanors (certain firearms offenses, offenses under chapters 268 and 268A except resisting arrest, and the sex-offense limits). Violations of abuse prevention orders and harassment prevention orders are treated as felonies. Source: M.G.L. c. 276, § 100A
DUI / DWI convictions	OUI (operating under the influence, G.L. c. 90, § 24) is not on the list of offenses excluded from sealing, so an OUI record may be sealed under the general sealing rules after the waiting period. OUI is expressly excluded from expungement. Source: M.G.L. c. 276, §§ 100A, 100J(a)(9)
Juvenile records	Delinquency records can be sealed by request to the Commissioner of Probation once 3 years have passed since the case and any supervision, probation, commitment or parole ended, with no delinquency finding or conviction and no imprisonment or commitment in the past 3 years. Expungement is available for people with no more than 2 delinquency or youthful-offender records when all offenses occurred before age 21. The wait is 3 years for misdemeanors and 7 years for felonies, the person must have no other records, and the offense must not be on the excluded list (for example offenses causing death or serious injury, armed offenses, sex offenses, OUI, firearms offenses, violations of protective orders and felony offenses against the person). A judge decides based on the best interests of justice. Source: M.G.L. c. 276, §§ 100B, 100F, 100I, 100J
Past marijuana convictions	Massachusetts has no separate law aimed only at past marijuana records. A court may order expungement of a record for an offense that is no longer a crime when expungement is sought, unless the conduct is still a crime under another name. The court must find this by clear and convincing evidence and decide in the interests of justice. Records of offenses that are no longer crimes can also be sealed immediately under the general sealing law. Source: M.G.L. c. 276, §§ 100K(a)(2), 100A

Massachusetts Expungement Laws: How to Clear or Seal a Criminal Record

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