How to expunge and seal your records in MA

Individuals may request to seal or expunge their criminal records. While sealing records can still be viewed by law enforcement, the courts and others, record expungement destroys the records all together. Cached internet information may still retrieve information about your convictions if they were publicized but legally you can answer no convictions if asked by future employers in most circumstances.

The commissioner of probation is available by appointment and also by phone for those wanting to contact them or the records unit directly regarding sealing or expunging your records at (617) 557-0225.

[2] "Who can expunge their record?

There are 2 different types of expungement you can qualify for.

Time-based expungement

To qualify for time-based expungement:

The offense that the record was created for must have happened before your 21st birthday
The offense must be one that qualifies for expungement under G.L. c.276, § 100E-100U (added by St. 2018, c. 69). For an offense to qualify, it must meet all of these criteria:
- The offense didn't result in death or serious bodily injury nor was the offense committed with the intent to cause death or serious bodily injury
- The offense wasn't committed while armed with or carrying a dangerous weapon
- The offense wasn't committed against an elderly or disabled person
- The offense isn't a sex offense, a sex offense involving a child, or sexually violent offense
- The offense isn't Operating Under the Influence (of liquor or drugs)
- The offense isn't a firearms violation or a violation for illegal sale of a firearm
- The offense isn't a violation of any restraining or harassment prevention orders
- The offense isn't an assault or assault and battery on a household member; and
- The offense isn't a felony violation of G.L. c. 265

7 years is how long you must wait after completing your sentence to request to expunge a felony

If the offense is a felony, you must have completed all parts of your sentence at least 7 years ago.
If the offense is a misdemeanor, you must have completed all parts of your sentence at least 3 years ago.
You must not have any other criminal or juvenile court appearances or dispositions on file (other than motor vehicle offenses where the penalty is no more than a $50 fine)

Non-time based expungement

Additionally, the law allows you to expunge a record if the record was created based on:

False use of your identification
Unauthorized use of your identity
Theft of your identity
Offense(s) that is/are no longer a crime (i.e. possessing small amounts of marijuana)
Errors by law enforcement
Errors by civilian or expert witness(es)
Errors by court employees
Fraud perpetrated upon the court

[2] https://www.mass.gov/info-details/find-out-if-you-can-expunge-your-criminal-record

Request a time-based expungement of your criminal record

To expunge your record, you'll need to fill out the Petition to Expunge Form. If you want, you can also provide additional information to support your petition. The process is free.

Please note that this form may not display properly in your browser. Please download the form you need and open it in Acrobat Reader. For more information, please see What to do if you can't open court PDFs.

How to request

How to request a non time based record expungement

[3]

In order to get an expungement based on a fraudulent record or decriminalized offense, you must demonstrate to the judge that the court record was created because of one of these reasons and that expunging the record would be in the interests of justice. You will need to fill out the Petition for Expungement Form. You should include all of the charges connected to the case that you're asking the judge to expunge. If you want to ask a judge to expunge records in different cases, you should file separate petitions for each case. When you fill out this petition, you should provide as much detail as possible. You can give the judge copies of documents that support your reasons for asking for expungement.

On the petition, there is a box to check for a hearing. At a hearing, you can tell the judge why your petition fits under of of the reasons above, and why granting the petition would be in the interests of justice.

If it's determined that you meet all of the criteria listed on your petition, the office will notify the District Attorney's Office in the county where the offense was prosecuted. The District Attorney then has the right to respond, if they choose to. If the District Attorney's Office objects to the petition, then a hearing will be held. If there is no objection, a hearing may be held at the discretion of the court, but it's not required.

If the expungement is granted, the clerk will provide you with a copy of the expungement order. However, if you want copies of the records, any documents that you filed, or the petition, you must make copies before the court orders expungement. Once the record is destroyed, you won't be able to get a copy from the court.

[3] https://www.mass.gov/how-to/request-a-non-time-based-expungement-of-your-criminal-record

[4] To seal your criminal record, you should file a petition to seal your record. If you're filing with the Boston Municipal Court (BMC), you can file 3 or more record dismissals and non-criminal court records from 2 or more BMC court divisions at once.

For criminal conviction records

— Fill out the

Petition to seal conviction records form

.
For cases without convictions

— Fill out the

Petition to seal non-conviction records form

. You can also also include any documents to support your reason for sealing the record in your case. Things the court may consider when deciding whether or not to seal your record include:
- The particular disadvantage(s) caused because your criminal record is available
- Evidence of rehabilitation that suggests you could overcome these disadvantages if the record were sealed
- Any other evidence that sealing would help you overcome these disadvantage(s)
- Relevant circumstances to you when the offense happened that suggest a likelihood of recidivism (committing another offense) or success
- The amount of time passed since the offense and the end of the criminal case
- The nature of and reasons for the particular disposition of the criminal case...[4] https://www.mass.gov/how-to/request-to-seal-your-criminal-record""