How to Seal or Expunge Your Criminal Record in Massachusetts
Criminal Record Sealing and Expungement in Massachusetts
Navigating the legal landscape of record sealing and expungement in Massachusetts can be complex. This post aims to clarify the process, eligibility criteria, and the impact on individuals seeking to seal or expunge their criminal records.
What Happens if I Have my Record Sealed?
Massachusetts criminal records are known as "CORI" (Criminal Offender Record Information) reports. For information about CORI reports, what is on them, and who can access the information, go here. When you have your record sealed, it means that the particular case or offense will no longer be present on your CORI report. Essentially, it will be as if the record doesn't exist at all, and when someone conducts a background check on you, they will not see any evidence that you were ever charged with a crime.
It's important to note that there are a few exceptions to this. Criminal justice agencies — police, courts, probation and parole — may still reach a sealed record in the performance of their duties, and firearms licensing authorities are entitled to see sealed records as well. A judge may also review a sealed record in camera in certain family and abuse-related proceedings where it may bear on custody, visitation, abuse, or someone's safety.
In summary, having your record sealed effectively removes any indication of the particular case or offense from your CORI report, making it invisible to most employers and individuals conducting background checks. However, certain agencies and circumstances may still allow access to your sealed record.
If I Have my Record Sealed do I Need to Tell an Employer or Other Agencies That I Have a Sealed Record?
Not on an application for a job, housing, or an occupational or professional license. Under M.G.L. c. 276, § 100A, a person with a sealed record may answer “no record” to questions on those applications about prior arrests, criminal court appearances, or convictions — and the law requires those applications to tell you so. That is true even when the application asks you directly. If an employer, landlord, or licensing board checks with the Commissioner of Probation, the Commissioner reports that no record exists.
The limit is who is asking. The “no record” answer is written for employment, housing, and licensing applications. It does not reach police, courts, or firearms licensing authorities, who can still see a sealed record.
What is the Difference between “Sealing” and “Expungement”?
Sealing a Record
Sealing a criminal record in Massachusetts restricts the accessibility of the record to a very limited group. While the record still exists, its visibility is greatly diminished, making it inaccessible to most employers, landlords, and background checks.
Expungement of a Record
Expungement goes a step further by completely destroying the criminal record, making it as if the offense never occurred. This process removes the record from public access as well as government databases, ensuring it cannot impact future opportunities. Very few people will qualify for expungement.
When sealed, a record still exists and is maintained, opposed to being destroyed, but access to it is limited. As a practical matter for most people, the effect of sealing your criminal record will be almost the same as expunging it. This is good, because the requirements for expungement are much stricter than for sealing, and in practice very few people actually qualify for expungement. Expungement is when the physical records are destroyed and it is as if the charge never happened.
Do I Qualify for Expungement of My Massachusetts Criminal Record?
The reality is that very few people will qualify for expungement of their record. There are two separate routes, and the ordinary one is narrow.
The time-based route
Under M.G.L. c. 276, §§ 100F through 100I, every one of the following must be true:
— You have no more than two records as an adjudicated delinquent, adjudicated youthful offender, or adult. Multiple offenses arising out of the same incident count as one.
— Every offense occurred before your 21st birthday.
— If any record is a felony, the offense — including any period of incarceration, custody or probation — occurred at least 7 years before you file. If the records are misdemeanors only, at least 3 years.
— You have no other court appearances or dispositions on file with the Commissioner of Probation, in any other state, or in federal court, apart from motor vehicle offenses where the penalty did not exceed a $50 fine.
— You certify that you are not currently the subject of an active criminal investigation.
A violation of a restraining order under c. 209A § 7 or a harassment prevention order under c. 258E § 9 is treated as a felony for this purpose, which means the 7-year period applies.
Offenses that can never be expunged this way
Section 100J excludes a long list. A record is not eligible if the offense:
Resulted in death or serious bodily injury;
Was committed with the intent to cause death or serious bodily injury;
Was committed while armed with a dangerous weapon;
Was committed against an elderly or disabled person;
Is a sex offense, a sex offense involving a child, or a sexually violent offense as defined in c. 6, § 178C, or a sexual offense as defined in c. 123A, § 1;
Was operating under the influence or any other violation of M.G.L. c. 90, § 24;
Was a firearms offense under c. 140, §§ 121 to 131Q, or under c. 269, § 10(a), (b), (c) or (d), or c. 269, § 10E;
Violated a restraining, no contact, abuse prevention or harassment prevention order issued under c. 208, c. 209, c. 209A, c. 209C or c. 258E;
Was domestic assault and battery under c. 265, § 13M;
Or was any felony under chapter 265 — the chapter covering crimes against the person.
That last exclusion is broader than most summaries acknowledge, and it removes a large share of serious cases from consideration entirely.
The narrow route that has no time limit
Under c. 276, § 100K, a court may order expungement regardless of the requirements above if it finds by clear and convincing evidence that the record was created by false identification or identity theft, by an offense that is no longer a crime, by demonstrable error on the part of law enforcement, a civilian or expert witness, or court staff, or by fraud perpetrated on the court. The court decides based on what is in the best interests of justice and enters written findings. These are VERY narrow exceptions.
Do I Qualify for Sealing My Massachusetts Criminal Record?
Sealing Convictions
Eligibility for sealing criminal convictions under M.G.L. c. 276, § 100A depends on whether the offense is a misdemeanor or a felony:
Misdemeanor convictions can be sealed 3 years after the conviction date or release from incarceration or custody, whichever is later.
Felony convictions require a 7-year waiting period after the conviction or release from incarceration or custody, whichever is later.
These periods were shortened from 5 and 10 years by the 2018 criminal justice reform act. A number of Massachusetts legal websites still publish the old figures, so check the date on anything you read that tells you to wait 10 years.
A new conviction during the waiting period restarts the clock. A later case that ended in a not guilty, a dismissal for want of prosecution, a dismissal at the complainant's request, a nolle prosequi, or a no bill does not.
Which Offenses Cannot Be Sealed
Section 100A reaches all offenses except convictions under M.G.L. c. 140, §§ 121 to 131H (firearms licensing), and convictions under c. 268 or c. 268A, except convictions for resisting arrest.
Sex offenses as defined in c. 6, § 178C are subject to a separate rule: they cannot be sealed for 15 years following disposition, including the end of any supervision, probation or incarceration, or for as long as you remain under a duty to register, whichever is longer. And anyone who has at any time been classified as a level 2 or level 3 sex offender cannot seal a sex offense at all.
Contrary to what is often written, murder and manslaughter are not excluded from sealing. They are felonies, and the 7-year period applies.
Sealing Non-Convictions
Some non-convictions are sealed automatically. Under c. 276, § 100C, if you were found not guilty by a judge or jury, the grand jury returned a no bill, or the court found no probable cause, the Commissioner of Probation shall seal the entry without any petition or hearing — unless you file a written request asking that it not be sealed.
Other non-convictions are not automatic. If the case ended in a nolle prosequi or a dismissal — including a case continued without a finding and later dismissed — sealing requires the court where the case was resolved to find that substantial justice would best be served.
This catches people out. Completing the conditions of a continuance without a finding gets you the dismissal, but it does not seal anything. That is a separate petition, filed later, and it is worth putting on your calendar the day the case ends.
How do I Seal My Criminal Record in Massachusetts?
Sealing Records of Convictions
Time-based sealing of convictions can be done administratively, with a petition to the Office of the Commissioner of Probation. No hearing is required.
Sealing Records of Non-Convictions
Where a court petition is required, it is filed in the court where the charge was resolved. If you have several dismissals in different courts, it will require a petition to each of the courts. Petitions to seal are filed with the court and posted publicly in the courthouse to provide the community and others with notice that it has been filed. The Court then conducts a hearing regarding the petition. At this hearing, the court will do one of three things: grant the petition, deny the petition or take it under advisement and issue a decision at a later date.
How do I get a Charge Expunged?
1. The process begins with a Petition to the Commissioner of Probation, who assesses your eligibility. The Commissioner will inform you whether you qualify within 60 days.
2. The next step is “Notification and Objection”: The District Attorney’s office is notified and has 60 days to object.
3. Upon receiving the DA’s objection or 65 days after sending notice to the DA, if no objection has been received, the Commissioner will send the petition to the court where the charge was prosecuted. If there is no objection, the court may allow the petition without a hearing. If there is an objection, the court will hold a hearing within 21 days from its receipt of the petition. Either way the court has discretion, decides based on the best interests of justice, and enters written findings.
Impact of Sealing and Expungement
Sealed Records
Once sealed, a record is not visible in most background checks, allowing individuals to state they have no criminal record for most purposes. However, sealed records may still have limited accessibility under certain conditions. Once your record is sealed, your CORI will read “No record”.
Expunged Records
An expunged record is completely removed from all records and databases. Individuals can legally claim they have never been arrested or convicted of that crime. The expunged record may not be used against an individual for any purpose and that person may legally claim to have no arrests or convictions in his or her criminal history.
Expunged records are not public.
Does Sealing Restore Gun Rights in Massachusetts?
No. Firearms licensing authorities are entitled under M.G.L. c. 6, § 172 to obtain all criminal offender record information including sealed records for licensing purposes. Sealing does not hide a record from them.
What About Expungement and Firearms?
Expungement destroys the record rather than restricting access to it. But firearms offenses themselves cannot be expunged — c. 276, § 100J excludes violations of c. 140, §§ 121 to 131Q and of c. 269, § 10(a) through (d) and § 10E. Whether expunging some other record affects your firearms eligibility under state or federal law depends on the specific record and is a question to put to a lawyer before you rely on an answer.
How Long Before a Sealed Record is Removed From the System?
If a petition to seal is granted, the Commissioner of Probation removes the record or information from the petitioner’s CORI. This process can take up to thirty (30) days from the time of the court order, but generally occurs in about two weeks. If granted, when an individual applies for employment, housing, professional licensure, etc., he or she may legally represent that they have no criminal record or CORI.
Considerations
While sealing or expunging a record can significantly improve an individual's chances for employment, housing, and education, it is important to note that not all rights (such as firearm possession) may be restored through these processes. Certain crimes, particularly involving firearms or severe offenses, may have permanent implications regardless of sealing or expungement.
Do I need a Lawyer to get my Record Expunged or Sealed?
Due to the complexities and nuances of the process and the law, seeking the guidance of an experienced record sealing lawyer is critical to getting the best outcome, especially if you need to have results sooner rather than later. The process can be confusing, and an experienced record sealing lawyer can optimize your chances of success even in the most difficult and complicated circumstances.
Old mistakes shouldn’t have to follow you for the rest of your life. Let us help.
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This overview provides a foundational understanding of record sealing and expungement in Massachusetts. For those considering these options, it's essential to consult with a legal expert to explore your specific situation and the best course of action.
Contact Ernest Stone Today
Lead attorney Ernest Stone has more than 30 years of experience in multiple criminal defense areas, including expunging and sealing criminal records. We can help you expunge or seal your old record and give you a new, fresh start.
If you or a loved one have a criminal record in Massachusetts, let us help you get it sealed or expunged. The benefits are enormous. Contact H. Ernest Stone, Attorney PC, today for a free consultation. Being accused is traumatic. So is being followed by that accusation the rest of your life. We understand. We’ll get you through the storm.
Schedule a free case review online or by calling 978-969-2890.
