How Do I Expunge Dropped Charges in Massachusetts?
Full Question:
Answer:
Please see the following MA statutes to determine applicability:
G.L.c. 276, § 100A. Requests to seal files; conditions; application of
section; effect of sealing of records.
Section 100A.
Any person having a record of criminal court appearances
and dispositions in the commonwealth on file with the office of the
commissioner of probation may, on a form furnished by the commissioner
and signed under the penalties of perjury, request that the commissioner
seal such file. The commissioner shall comply with such request provided
(1) that said person's court appearance and court disposition records,
including termination of court supervision, probation or sentence for any
misdemeanor occurred not less than ten years prior to said request,
(2)
that said person's court appearance and court disposition records,
including termination of court supervision, probation or sentence for any
felony occurred not less than fifteen years prior to said request;
(3)
that said person had not been found guilty of any criminal offense within
the commonwealth in the ten years preceding such request, except motor
vehicle offenses in which the penalty does not exceed a fine of fifty
dollars;
(4) said form includes a statement by the petitioner that he has
not been convicted of any criminal offense in any other state, United
States possession or in a court of federal jurisdiction, except such
motor vehicle offenses, as aforesaid, and has not been imprisoned in any
state or county within the preceding ten years; and
(5) said person's
record does not include convictions of offenses other than those to which
this section applies. This section shall apply to court appearances and
dispositions of all offenses provided, however, that this section shall
not apply in case of convictions for violations of sections one hundred
and twenty-one to one hundred and thirty-one H, inclusive, of chapter one
hundred and forty or for violations of chapter two hundred and
sixty-eight or chapter two hundred and sixty-eight
A. In carrying out the provisions of this section, notwithstanding any
laws to the contrary:
1. Any recorded offense which was a felony when committed and has since
become a misdemeanor shall be treated as a misdemeanor.
2. Any recorded offense which is no longer a crime shall be eligible
for sealing forthwith, except in cases where the elements of the offense
continue to be a crime under a different designation.
3. In determining the period for eligibility, any subsequently recorded
offenses for which the dispositions are "not guilty", "dismissed for want
of prosecution", "dismissed at request of complainant", "nol prossed", or
"no bill" shall not be held to interrupt the running of the required
period for eligibility.
4. If it cannot be ascertained that a recorded offense was a felony
when committed said offense shall be treated as a misdemeanor.
When records of criminal appearances and criminal dispositions are
sealed by the commissioner in his files, he shall notify forthwith the
clerk and the probation officer of the courts in which the convictions
or dispositions have occurred, or other entries have been made, of
such sealing, and said clerks and probation officers likewise shall seal
records of the same proceedings in their files.
Such sealed records shall not operate to disqualify a person in any
examination, appointment or application for public service in the service
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 or commissions, except in
imposing sentence in subsequent criminal proceedings.
An application for employment used by an employer which seeks
information concerning prior arrests or convictions of the applicant
shall include the following statement: "An applicant for employment with
a sealed record on file with the commissioner of probation may answer `no
record' with respect to an inquiry herein relative to prior arrests,
criminal court appearances or convictions. An applicant for employment
with a sealed record on file with the commissioner of probation may
answer 'no record' to an inquiry herein relative to prior arrests or
criminal court appearances. In addition, any applicant for employment may
answer 'no record' with respect to any inquiry relative to prior
arrests, court appearances and adjudications in all cases of delinquency
or as a child in need of services which did not result in a complaint
transferred to the superior court for criminal prosecution." The attorney
general may enforce the provisions of this paragraph by a suit in equity
commenced in the superior court.
The commissioner, in response to inquiries by authorized persons other
than any law enforcement agency, any court, or any appointing authority,
shall in the case of a sealed record or in the case of court appearances
and adjudications in a case of delinquency or the case of a child in need
of services which did not result in a complaint transferred to the
superior court for criminal prosecution, report that no record exists.
G.L.c. 276, § 100C. Sealing of records or files in certain criminal
cases; effect upon employment reports; enforcement.
Section 100C.
In any criminal case wherein the defendant has been found
not guilty by the court or jury, or a no bill has been returned by the
grand jury, or a finding of no probable cause has been made by the
court, the commissioner of probation shall seal said court appearance and
disposition recorded in his flies and the clerk and the probation
officers of the courts in which the proceedings occurred or were
initiated shall likewise seal the records of the proceedings in their
flies. The provisions of this paragraph shall not apply if the defendant
makes a written request to the commissioner not to seal the records of
the proceedings.
In any criminal case wherein a nolle prosequi has been entered, or a
dismissal has been entered by the court, except in cases in which an
order of probation has been terminated, and it appears to the court that
substantial justice would best be served, the court shall direct the
clerk to seal the records of the proceedings in his files. The clerk
shall forthwith notify the commissioner of probation and the probation
officer of the courts in which the proceedings occurred or were initiated
who shall likewise seal the records of the proceedings in their files.
Such sealed records shall not operate to disqualify a person in any
examination, appointment or application for public employment in the
service of the commonwealth or of any political subdivision thereof.
An application for employment used by an employer which seeks
information concerning prior arrests or convictions of the applicant
shall include in addition to the statement required under section one
hundred A the following statement: "An applicant for employment with a
sealed record on file with the commissioner of probation may answer `no
record' with respect to an inquiry herein relative to prior arrests or
criminal court appearances." The attorney general may enforce the
provisions of this section by a suit in equity commenced in the superior
court.
The commissioner, in response to inquiries by authorized persons other
than any law enforcement agency or any court, shall in the case of a
sealed record report that no record exists. After a finding or verdict of
guilty on a subsequent offense such sealed record shall be made available
to the probation officer and the same, with the exception of a not
guilty, a no bill, or a no probable cause, shall be made available to the
court.