Massachusetts Record Sealing and Expungement: Eligibility and Process

Massachusetts law provides two distinct mechanisms — record sealing and expungement — for limiting public access to criminal history records. These remedies operate under different statutory frameworks, carry different eligibility criteria, and produce different legal effects. The distinction between them determines who qualifies, what records are affected, and how employers, landlords, and licensing boards may access information after a petition is granted.

Definition and scope

Record sealing and expungement are both authorized under Massachusetts General Laws but govern different categories of records and produce different outcomes.

Record sealing under M.G.L. c. 276, §§ 100A–100C restricts public access to criminal records held by the Commissioner of Probation. Sealed records remain in existence and are accessible to law enforcement, criminal justice agencies, and certain licensing bodies, but they are withheld from standard background checks and most private employers. The sealing process applies to both adult and juvenile records.

Expungement under M.G.L. c. 276, §§ 100E–100U, enacted through the Criminal Justice Reform Act of 2018, goes further: an expunged record is destroyed or obliterated from all official repositories. Once expunged, the record does not appear in law enforcement checks or background checks, and the petitioner may legally deny the existence of the underlying charge or conviction in most contexts.

Both mechanisms apply to Massachusetts state criminal records. Federal criminal records maintained by the FBI or U.S. District Court are not covered by state sealing or expungement statutes — that jurisdiction is governed by federal law. Records held by out-of-state agencies similarly fall outside this framework. The broader regulatory context for the Massachusetts legal system governs how these statutes interact with other provisions of Massachusetts criminal law.

This page addresses Massachusetts state records only. Immigration consequences, federal collateral consequences, and the treatment of records by federal licensing bodies are not covered here and require separate legal analysis.

How it works

The sealing and expungement processes follow distinct procedural tracks administered primarily by the Massachusetts Probation Service and the trial courts.

Record sealing — petition-based (M.G.L. c. 276, § 100A):

1. The petitioner obtains a copy of their Massachusetts criminal record (CORI) through the Massachusetts Department of Criminal Justice Information Services (DCJIS).
2. The petitioner files a Petition to Seal with the court of conviction or the Commissioner of Probation for cases not resulting in conviction.
3. The court reviews eligibility based on offense type and the waiting period elapsed since the last conviction or release from incarceration.
4. If granted, the Commissioner of Probation notifies relevant agencies to seal the record.

Waiting periods under M.G.L. c. 276, § 100A are fixed by statute: 3 years for misdemeanor convictions and 7 years for felony convictions, measured from the date of conviction or release from incarceration, whichever is later. Non-conviction records — charges that were dismissed, nolle prossed, or resulted in acquittal — are eligible for immediate sealing.

Expungement — petition-based (M.G.L. c. 276, §§ 100E–100U):

1. The petitioner files a Petition for Expungement in the court where the offense was adjudicated.
2. The court holds a hearing; the district attorney receives notice and may object.
3. The judge applies a multi-factor test, weighing the nature of the offense, the petitioner's history, and the public interest.
4. If granted, the court issues an order directing DCJIS, the arresting agency, and all relevant repositories to destroy the record.

Expungement eligibility is narrower than sealing. It applies where the offense occurred before the petitioner turned 21 years old and at least 3 years have passed (for misdemeanors) or 7 years have passed (for felonies), or where the record resulted from a demonstrable error such as identity fraud or a decriminalized offense. The Massachusetts criminal procedure overview describes the broader procedural framework within which these petitions are filed.

Common scenarios

Non-conviction records represent the most straightforward category. Charges that were dismissed, nolle prossed, or resulted in not-guilty findings carry no conviction and are eligible for immediate sealing under M.G.L. c. 276, § 100A without a waiting period.

Misdemeanor convictions become eligible for sealing after 3 years from the later of conviction date or release. A petitioner convicted of a first-offense misdemeanor drug charge who completed a term of probation is a typical candidate after the statutory period elapses.

Felony convictions require the 7-year waiting period. Certain offenses are categorically excluded from sealing — including sex offenses that require registration under the Sex Offender Registry Board (SORB), offenses involving murder, and certain firearms offenses enumerated in M.G.L. c. 276, § 100A.

Juvenile records are handled differently. Under M.G.L. c. 276, § 100B, juvenile records are generally sealable after 3 years from the final adjudication or the petitioner's 17th birthday, whichever is later, provided no subsequent criminal record has been accumulated. The Massachusetts Juvenile Court maintains separate procedural rules for juvenile adjudications.

CWOF (Continuance Without a Finding): A CWOF that has been dismissed after successful completion of probation is treated as a non-conviction record for sealing purposes and is immediately eligible.

Decision boundaries

The eligibility analysis pivots on four controlling variables: offense classification, conviction status, waiting period, and categorical exclusions.

The categorical exclusions under M.G.L. c. 276, § 100A are fixed; no judicial discretion applies to override them. Expungement, by contrast, preserves some judicial discretion in the multi-factor test even when temporal criteria are met.

A critical distinction exists between what a sealed or expunged record means for employment versus licensing. Under M.G.L. c. 6, § 172, employers with access to Level 1 CORI are prohibited from seeing sealed records. However, certain licensing boards — including those governing healthcare, firearms, and law enforcement — retain access to sealed records by statute. Petitioners seeking professional licenses should consult the relevant licensing board's rules before assuming sealing or expungement eliminates disclosure obligations. The Massachusetts bar admission requirements page addresses how character and fitness reviews interact with criminal history disclosure.

Individuals with records from multiple jurisdictions must address each state's process independently. Massachusetts proceedings do not affect records held by other states or the federal government. A complete index of Massachusetts legal topics, including adjacent criminal law subjects, is available at the Massachusetts Legal Services Authority homepage.

DCJIS administers CORI access policy and publishes guidance on how sealed and expunged records are treated across different requestor categories. The Massachusetts Probation Service processes petition filings and notifies agencies upon court order.

References

• M.G.L. c. 276, §§ 100A–100C — Record Sealing (Massachusetts Legislature)
• M.G.L. c. 276, §§ 100E–100U — Expungement (Massachusetts Legislature)
• Massachusetts Department of Criminal Justice Information Services (DCJIS)
• Massachusetts Probation Service
• M.G.L. c. 6, § 172 — CORI Access Levels (Massachusetts Legislature)
• Sex Offender Registry Board (SORB) — Commonwealth of Massachusetts
• Massachusetts Criminal Justice Reform Act of 2018 (Chapter 69 of the Acts of 2018)