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| Clearance policy overview | Records of arrest and court proceedings for a misdemeanor that did not lead to conviction can be expunged, so long as the petitioner was under 21 and had no other charges or convictions. ALM GL ch. 276, § 100H, I. | Records of arrest and court proceedings for a felony that did not lead to conviction can be expunged, so long as the petitioner was under 21 and had no other charges or convictions. ALM GL ch. 276, § 100H, I. | Records of a misdemeanor case resolved by a finding of not guilty, a finding of no probable cause, a nolle prosequi, or a dismissal can be sealed by the commissioner of probation after five years. ALM CL ch. 276,§ 100A. | Records of a felony case resolved by a finding of not guilty, a finding of no probable cause, a nolle prosequi, or a dismissal can be sealed by the commissioner of probation after 10 years. ALM CL ch. 276,§ 100A. | Records of a sex offense case resolved by a finding of not guilty, a finding of no probable cause, a nolle prosequi, or a dismissal can be sealed by the commissioner of probation after 15 years. ALM GL ch. 276,§ 100A. | Records of conviction for a first-offense felony committed before age 21 can be expunged by the court after seven years. ALM GL ch. 276, § 100G, I. | Records of conviction for a first-offense misdemeanor committed before age 21 can be expunged by the court after three years. ALM GL ch. 276, § 100G, I. | Records of arrest and court proceedings created as a result of false identification or identity theft can be expunged by the court immediately. ALM GL ch. 276, § 100K(a)(1). | Records of arrest and court proceedings created as a result of errors by law enforcement, witnesses, or court employees, or of a fraud upon the court, can be expunged by the court immediately. ALM GL ch. 276, § 100K(a)(3)-(6). | A record relating to a delinquency or youthful offender adjudication for a misdemeanor can be expunged by the court after three years. Mass. Gen. Laws Ann. 276 §§ 100F, 100I. | A record relating to a delinquency or youthful offender adjudication for a felony can be expunged by the court after seven years. Mass. Gen. Laws Ann. 276 §§ 100F, 100I. | A record relating to a delinquency or youthful offender misdemeanor case that did not lead to adjudication, can be expunged by the court after three years. Mass. Gen. Laws Ann. 276 §§ 100H, 100I. | A record relating to a delinquency or youthful offender felony case that did not lead to adjudication, can be expunged by the court after seven years. Mass. Gen. Laws Ann. 276 §§ 100H, 100I. | Records of a misdemeanor case may be sealed by the commissioner of probation three years after sentence completion, if petitioner meets specified criteria. ALM GL ch. 276, § 100A. | Records of arrest and court proceedings for an offense that is no longer a crime can be expunged by the court immediately. ALM GL ch. 276, § 100K(a)(2). | Records relating to criminal court appearance or disposition for certain possession or cultivation of an amount of marijuana, possession of marijuana with intent to distribute, or distribution of marijuana offenses, can be expunged by the court 30 days of a petition being filed. ALM GL ch. 276, § 100K¼. | Records of a felony case may be sealed by the commissioner of probation seven years after sentence completion, if petitioner meets specified criteria. GL ch. 276, § 100A. Cases that ended in a "file" or "guilty file" disposition must be sealed under this provision even though the "file" disposition is classified as a "non-conviction" on a criminal background report obtained from the Massachusetts Department of Criminal Justice Information Services. | Records of a sex offense conviction can be sealed by the commissioner of probation 15 years after sentence completion, if the petitioner meets the specified criteria. ALM GL ch. 276, § 100A(6). | Records of any offense which is no longer a crime can be sealed by the commissioner of probation at any time. ALM GL ch. 276, § 100A(2). | Records of a case for which a pardon has been granted are sealed immediately. ALM GL ch. 127, § 152. |
| Ineligible Category or Citation | For ineligible offenses, see ALM GL ch. 276, § 100J. | For ineligible offenses, see ALM GL ch. 276, § 100J. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | A person who has ever been classified as a level 2 or level 3 sex offender is not eligible for sealing of sex offenses. ALM GL ch. 276, § 100A(6). | For ineligible offenses, see ALM GL ch. 276, § 100J. | For ineligible offenses, see ALM GL ch. 276, § 100J. | There is no statutory language on ineligible offenses. | There is no statutory language on ineligible offenses. | For ineligible offenses, see Mass. Gen. Laws Ann. 276 § 100J. | For ineligible offenses, see Mass. Gen. Laws Ann. 276 § 100J. | For ineligible offenses, see Mass. Gen. Laws Ann. 276 § 100J. | For ineligible offenses, see Mass. Gen. Laws Ann. 276 § 100J. | See ineligble offenses at ALM GL ch 276, section 100A. | There is no statutory language on ineligible offenses. | There is no statutory language on ineligible offenses. | See ineligible offenses at ALM GL ch 276, section 100A. | See ineligible offenses at ALM GL ch 276, section 100A(6). Persons presently registered as sex offenders cannot seal their sex offense convictions. Individuals who were ever registered as Level 2 or Level 3 sex offenders can never seal their sex offense convictions. | This provision does not apply if the elements of the offense continue to be a crime under a different designation.ALM GL ch. 276, § 100A(2). | There is no statutory language regarding ineligibility. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | By petition or court's own motion | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Automatic |
| Waiting Periods | The petition can be filed three years after the date of the alleged offense. | The petition can be filed seven years after the date of the alleged offense. | There is a five-year waiting period to seal the record. | There is a 10-year waiting period to seal the record. | The person must wait 15 years to file for sealing, or so long as the person is under a duty to register, whichever is longer. | The petition can be filed seven years after the date the offense occurred. | The petition can be filed three years after the date the offense occurred. | There is no waiting period. | There is no waiting period. | The petition may be filed three years after the date of the offense. | The petition may be filed seven years after the date of the offense. | The petition can be filed three years after the date of the alleged offense. | The petition may be filed seven years after the date of the alleged offense. | The waiting period is 3 years. ALM GL ch. 276, § 100A. | There is no waiting period. | There is no waiting period. | The waiting period is seven years. GL ch. 276, § 100A. | The petition can be filed with the commissioner of probation 15 years after sentence completion if the petitioner was never registered as a Level 2 or 3 sex offender. ALM GL ch. 276, § 100A. | The record can be sealed at any time. | There is no waiting period. |
| Fees | There is no statutory language on fees. | There is no statutory language on fees. | There is no fee. | There is no fee. | There is no fee. | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language on fees. | There is no statutory language on fees. | There is no fee. | There is no statutory language on fees. | There is no statutory language on fees. | There is no fee. | There is no fee. | There is no fee. | There is no fee. |
| Effect | The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. ALM GL ch. 276, § 100N. | The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. ALM GL ch. 276, § 100N. | Sealed records will not disqualify the person from public employment. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record can be used in some specified proceedings. ALM GL ch. 276, §§ 100A, 100C, 100D. | Sealed records will not disqualify the person from public employment. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record can be used in some specified proceedings. ALM GL ch. 276, §§ 100A, 100C, 100D. | Sealed records will not disqualify the person from public employment. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record can be used in some specified proceedings. ALM GL ch. 276, §§ 100A, 100C, 100D. | The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. ALM GL ch. 276, § 100N. | The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. ALM GL ch. 276, § 100N. | The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. ALM GL ch. 276, § 100N. | The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. ALM GL ch. 276, § 100N. | No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. Mass. Gen. Laws Ann. 276 § 100M. An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N. | No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. Mass. Gen. Laws Ann. 276 § 100M. An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N. | No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. Mass. Gen. Laws Ann. 276 § 100M. An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N. | No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. Mass. Gen. Laws Ann. 276 § 100M. An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N. | Sealed records will not disqualify the person from public service or employment by the state. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record is not admissible and cannot be used in court or most other proceedings, though law enforcement retains access to sealed records. ALM GL ch. 276, §§ 100A, 100C, 100D. | The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. ALM GL ch. 276, § 100N. | No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. ALM GL ch. 276, § 100M. An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N. | Sealed records will not disqualify the person from public service or employment by the state and municipalities. The person can tell prospective employers they have no criminal record. Court officials report that no record exists. The sealed record is not admissible and cannot be used in court or other proceedings, except at sentencing for a subsequent conviction and in certain limited civil cases. Law enforcement has access to sealed records. ALM GL ch. 276, §§ 100A, 100C, 100D. | Sealed records will not disqualify the person from public service or employment by the state. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record is not admissible and cannot be used in court or most other proceedings, though law enforcement retains access to sealed records. ALM GL ch. 276, §§ 100A, 100C, 100D. Certain child-welfare related agencies and employers are given access to sealed records. ALM GL ch. 6, §§ 172B, 172F. The sealing of records has no effect on access to Massachusetts Sex Offender Registry Board (SORB) records. | Sealed records will not disqualify the person from public service or employment by the state. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record is not admissible and cannot be used in court or most other proceedings, though law enforcement retains access to sealed records. ALM GL ch. 276, §§ 100A, 100C, 100D. ALM GL ch. 276, §§ 100A, 100C, 100D. Certain child welfare related agencies and employers are given access to sealed records. ALM GL ch. 6, §§ 172B, 172F. | 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 and certain other court proceedings. On applications the person may deny having been convicted. ALM GL ch. 127, § 152. |
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