How to File for Expungement in Massachusetts

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.

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.