Expunging or Sealing a Felony in Massachusetts

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.

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.

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.