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| Clearance policy overview | 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. | Records of a prostitution-related or drug possession case can be vacated at any time if the person's participation in the offense resulted from being a victim of human trafficking. ALM GL ch. 265, § 59. | A record relating to any juvenile court appearance on file in the Office of the Commissioner of Probation can be sealed, so long as the person is not subject to any disqualifying event, and at least three years have passed from any court appearance or disposition.€¯ALM GL ch. 276, § 100B. | Records relating to juvenile 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. ALM GL ch. 276, § 100K¼. | Records of a first controlled substance case dismissed after successful completion of probation or continuance can be sealed by the court immediately. ALM GL ch. 94C, § 34. | Records are expunged or sealed by the court upon entry of a judgment or settlement agreement that a person was erroneously convicted and incarcerated for a felony. ALM GL ch. 258D, § 7. | Records of a case will be sealed by the court and probation officials upon a no bill returned by the grand jury. ALM GL ch. 276, § 100C. | Records of a 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 court immediately. ALM GL ch. 276, § 100C, ALM GL ch. 94C, § 44. | Records related to acquittals, dismissals, not guilty, or nolle prosequi, except nolle prosequi with a requirement of drug or alcohol treatment, shall be expunged. Md. Criminal Procedure Code Ann. § 10-105.1(a). | Records relating to a first offender conviction of a nonviolent offense, for which a full and unconditional pardon has been granted, can be expunged by the court 10 years after the pardon is granted. Md. Code Ann., Crim. Proc. § 10-105(a)(8), (c)(4). | Records relating to a person who has only one misdemeanor adjudication can be expunged so long as the person is at least 18 years old, at least two years have passed since the last official action in any of the cases, and the person is not subject to a disqualifying event. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1. | Records relating to a person who has dismissed charges can be expunged so long as the person is at least 18 years old, at least two years have passed since the last official action in any of the cases, and the person is not subject to a disqualifying event. Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1. |
| Ineligible Category or Citation | 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. | This section applies only to prostitution-related offenses and controlled substance possession. ALM GL ch. 265, § 59(a). | To be eligible for sealing, the person cannot have been: (1) adjudicated delinquent or as a youthful offender, or found guilty of any criminal offense in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a $50 fine, or (2) imprisoned under sentence or committed as a juvenile within the preceding three years. Mass. Gen. Laws Ann. 276 § 100B. | There is no statutory language on ineligible offenses. | Sealing in this regard only applies only to violations of ALM GL ch. 94C, § 34. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | No statutory language regarding ineligible offenses. | Crimes of violence. Md. Crim. Proc. Code Ann. § 10-105(a)(8) | See Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1 for ineligible offenses. | See Md. Code Ann., Cts & Jud. Proc. § 3-8A-27.1 for ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | By petition or court's own motion | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based |
| Waiting Periods | 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. | There is no waiting period. | The petition can be filed after three years from any court appearance or disposition. | There is no waiting period. | The record can be sealed after the completion of probation or term of continuance. | There is no waiting period. | There is no waiting period. | There is no waiting period. | The waiting period is three years. | The petition can be filed 10 years after the pardon is granted. | The petition can be filed when the person is 18 or older, and at least two years have passed since the last official action in the case. | The petition can be filed when the person is 18 or older and at least two years have passed since the last official action in the case. |
| 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. | There are no 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 fee. | There is no statutory language on fees. | There is no statutory language regarding a fee. | There is a $30 filing fee, unless all records to be expunged relate to a charge of which the petitioner has been found not involved. See the court fee schedule at http://mdcourts.gov/circuit/feeschedule.pdf. | There is a $30 filing fee, unless all records to be expunged relate to a charge of which the petitioner has been found not involved. See the court fee schedule. |
| Effect | 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. | The court vacates the conviction on the merits and enters a plea of not guilty. ALM GL ch. 265, § 59(b), (d). | Sealed records shall not operate to disqualify a person in any future examination, appointment, or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in delinquency or criminal proceedings.€¯ALM CL ch. 276, § 100B. Sealed records will not disqualify the person from public service or employment by the state or municipalities. 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.€¯ALM CL ch. 276, § 100B. | 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 be deemed a conviction for any purpose. The person can legally refuse to disclose arrest or any other related court proceeding. ALM GL ch. 94C, § 34 | The person can say they have no record in response to an inquiry in any employment application. The record does not disqualify the person from state or local public service, and cannot be used against the person in court or other proceedings. ALM GL ch. 258D, § 7. | 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. |
Sealed records will not disqualify the person from public employment. The person can tell prospective employers they have no criminal record, and court officials will report that no record exists, but the sealed record can be used in specified proceedings. ALM GL ch. 276, §§ 100A, 100C, 100D.
A person whose record relating to a controlled substance charge was sealed need not disclose the indictment, disposition, sealing, or any other related court proceeding in response to any inquiry made for any purpose. ALM GL ch. 94C,§ 44. |
For a case described in subsection (a) of this section, the court shall send notice of the disposition of each charge in the case and the date on which expungement is required to: (1) the Central Repository; (2) each booking facility, law enforcement unit, and other unit of the State and political subdivision of the State that the court believes may have a record subject to expungement under this section; and (3) the person entitled to expungement. Md. Criminal Procedure Code Ann. § 10-105.1(b). | The records are removed from public inspection. Md. Code Ann., Crim. Proc. § 10-101(d), (e). | Expungement, with respect to a court record or a police record, means the removal of the record from public inspection either by obliteration, by removal to a separate secure area limited to persons with legitimate access, or if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access. Md. Code Ann., Crim. Proc. § 10-101(e). | Expungement, with respect to a court record or a police record, means the removal of the record from public inspection by obliteration, by removal to a separate secure area limited to persons with legitimate access, or if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access. Md. Code Ann., Crim. Proc. § 10-101(e). |
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