Massachusetts (MA) — Expungement & Record Clearing

Remedy

Automatic sealing upon not-guilty finding, grand jury no bill, or finding of no probable cause (M.G.L. c. 276, § 100C); discretionary court sealing without a wait after dismissal or nolle prosequi (§ 100C); administrative sealing by the Commissioner of Probation after 3 or 7 years or forthwith if no longer a crime (§ 100A); expungement if under 21 or reason-based (§§ 100H–100K)

Waiting period

Immediate (automatic) for not guilty, grand jury no bill, or no probable cause under M.G.L. c. 276, § 100C; immediate by court petition upon a showing of substantial justice for dismissals and nolle prosequis under § 100C; or 3 years (misdemeanor) / 7 years (felony) by administrative request to the Commissioner of Probation under § 100A

Under M.G.L. c. 276, § 100C, whenever a criminal case ends in a finding of not guilty by the court or jury, a grand jury "no bill", or a court finding of no probable cause, the Commissioner of Probation and the court clerk must automatically seal the court appearance and disposition unless the defendant asks in writing not to seal it. If a case ends in a dismissal (including after a Continuance Without a Finding, CWOF) or a nolle prosequi, the court may direct the clerk and Commissioner to seal the record immediately upon a finding that "substantial justice would best be served", or the person may request administrative sealing from the Commissioner of Probation under § 100A once the 3-year (misdemeanor) or 7-year (felony) waiting period has passed without having to go before a judge.

• ✗Automatic sealing under M.G.L. c. 276, § 100C applies only to not-guilty verdicts/findings, grand jury no bills, and no-probable-cause findings; dismissals and nolle prosequis require either a judicial finding of substantial justice under § 100C or waiting 3/7 years for administrative sealing under § 100A
• ✗Subsequent not-guilty, dismissed for want of prosecution, dismissed at request of complainant, nol prossed, or no-bill dispositions do not reset the 3- or 7-year clock for administrative sealing under § 100A

Sources: M.G.L. c. 276, § 100C (Massachusetts General Laws) (M.G.L. c. 276, § 100C, first and second paragraphs; M.G.L. c. 276, § 100C, second paragraph); M.G.L. c. 276, § 100A (Massachusetts General Laws) (M.G.L. c. 276, § 100A, item 3)

Remedy

Administrative sealing by request to the Commissioner of Probation after 3 years (M.G.L. c. 276, § 100A); time-based expungement after 3 years for up to 2 records committed before age 21 (M.G.L. c. 276, §§ 100G, 100I, 100J); reason-based expungement (§ 100K)

Waiting period

3 years after court disposition, including any period of incarceration or custody (forthwith with no waiting period for any offense that is no longer a crime; 7 years for violations of Ch. 209A § 7 or Ch. 258E § 9 protective orders, which are treated as felonies; 15 years for eligible Level 1 sex offenses)

Under M.G.L. c. 276, § 100A, a person may request the Commissioner of Probation to administratively seal any eligible misdemeanor conviction once 3 years have passed since the court appearance and disposition, including any period of incarceration or custody, provided the person has not been found guilty of any criminal offense (other than motor vehicle offenses with a fine of $50 or less) or imprisoned within the preceding 3 years. Any recorded offense that is no longer a crime (such as decriminalized cannabis possession) is eligible for sealing "forthwith" without a waiting period, and any former felony reclassified as a misdemeanor is treated as a misdemeanor. If the offense was committed before the person's 21st birthday, the person has no more than 2 records on file, and the offense is not excluded by § 100J, the person may petition for full expungement after 3 years under §§ 100G and 100I.

• ✗Firearms offenses under M.G.L. c. 140, §§ 121–131H cannot be sealed under § 100A
• ✗Crimes against public justice or ethics under Chapters 268 and 268A cannot be sealed under § 100A, except convictions for resisting arrest (which can be sealed)
• ✗Violations of Ch. 209A § 7 (abuse prevention orders) or Ch. 258E § 9 (harassment prevention orders) are treated as felonies (7-year wait for sealing) and are barred from young-adult expungement under § 100J
• ✗Sex offenses (M.G.L. c. 6, § 178C) require a 15-year wait after disposition/supervision/incarceration and termination of any duty to register, and anyone ever classified as a Level 2 or Level 3 sex offender is permanently ineligible to seal sex offenses

Source: M.G.L. c. 276, § 100A (Massachusetts General Laws) (M.G.L. c. 276, § 100A(1)–(5); M.G.L. c. 276, § 100A, exclusions and items 1, 2, 5, 6)

Remedy

Administrative sealing by request to the Commissioner of Probation after 7 years (M.G.L. c. 276, § 100A); time-based expungement after 7 years for up to 2 records committed before age 21 if not excluded by § 100J (M.G.L. c. 276, §§ 100G, 100I, 100J)

Waiting period

7 years after the court appearance and disposition, including any period of incarceration or custody, with no new criminal conviction or imprisonment in the preceding 7 years (15 years for eligible Level 1 sex offenses once registration duty ends)

Unlike states that limit sealing to a narrow list of low-level felonies, Massachusetts allows almost all felony convictions to be administratively sealed by the Commissioner of Probation under M.G.L. c. 276, § 100A once 7 years have passed since the court appearance and disposition, including any period of incarceration or custody, provided the person has not been convicted of a new crime (other than motor vehicle offenses with a fine of $50 or less) or imprisoned in any state, county, or federal facility within the preceding 7 years. Only firearm offenses under Chapter 140 §§ 121–131H, public-justice/ethics offenses under Chapters 268 and 268A (other than resisting arrest), and Level 2/3 sex offenses are excluded from § 100A sealing. For young-adult expungement (offenses before age 21 under §§ 100G and 100I after 7 years), § 100J excludes all Chapter 265 felonies (crimes against the person), weapon offenses, and offenses causing death or serious bodily injury.

• ✗Sealing (§ 100A) excludes convictions under Chapter 140 §§ 121–131H (firearms) and Chapters 268 or 268A (perjury, bribery, ethics — except resisting arrest)
• ✗Sealing (§ 100A) permanently excludes sex offenses for anyone ever classified as a Level 2 or Level 3 sex offender, and requires 15 years plus no registration duty for other sex offenses
• ✗Young-adult expungement (§§ 100G, 100I, 100J) is limited to offenses before age 21, at most 2 records, and excludes all felony offenses under Chapter 265 (crimes against the person), firearm offenses, OUI, restraining-order violations, and offenses against elderly or disabled persons

Sources: M.G.L. c. 276, § 100A (Massachusetts General Laws) (M.G.L. c. 276, § 100A(2), (4), item 6; M.G.L. c. 276, § 100A, item 6); M.G.L. c. 276, § 100J (Massachusetts General Laws) (M.G.L. c. 276, § 100J(a))

Remedy

Administrative sealing of OUI criminal record after 3 years (misdemeanor) or 7 years (felony) (M.G.L. c. 276, § 100A); court sealing of dismissed CWOF (§ 100C); excluded from time-based expungement (M.G.L. c. 276, § 100J(a)(9))

Waiting period

3 years after disposition or custody for a misdemeanor OUI, or 7 years for a felony OUI, under M.G.L. c. 276, § 100A; not eligible for time-based expungement under § 100J(a)(9)

Operating Under the Influence (OUI, M.G.L. c. 90, § 24) is NOT excluded from administrative criminal record sealing under M.G.L. c. 276, § 100A: a misdemeanor OUI (typically a 1st or 2nd offense) can be sealed by the Commissioner of Probation 3 years after disposition or release from custody, and a felony OUI can be sealed 7 years after disposition or release from custody, provided there are no new criminal convictions during the waiting period. If a first-offense OUI resolved by a Continuance Without a Finding (CWOF) and was dismissed, the person can also petition the court for earlier sealing under § 100C or seal it administratively after 3 years under § 100A. However, OUI violations under M.G.L. c. 90, § 24 are expressly excluded from young-adult time-based expungement under M.G.L. c. 276, § 100J(a)(9), and sealing the criminal CORI record does not erase the Registry of Motor Vehicles (RMV) driving history or Massachusetts's lifetime lookback for subsequent OUI sentencing.

• ✗All offenses in violation of M.G.L. c. 90, § 24 (OUI) are permanently excluded from time-based expungement under M.G.L. c. 276, § 100J(a)(9)
• ✗Sealed OUI records remain accessible to law enforcement and courts and may be used in imposing sentence in subsequent criminal proceedings under M.G.L. c. 276, § 100A

Sources: M.G.L. c. 276, § 100A (Massachusetts General Laws) (M.G.L. c. 276, § 100A); M.G.L. c. 276, § 100J (Massachusetts General Laws) (M.G.L. c. 276, § 100J(a)(9))

Remedy

Immediate sealing ('forthwith') for decriminalized marijuana possession (M.G.L. c. 276, § 100A(2)) and reason-based expungement for offenses no longer a crime (§ 100K(a)(2)); sealing upon completion of first-offender probation (M.G.L. c. 94C, § 34); administrative sealing after 3 or 7 years (§ 100A)

Waiting period

Immediate ('forthwith') for decriminalized marijuana offenses that are no longer a crime (M.G.L. c. 276, § 100A(2) and § 100K(a)(2)); upon completion of probation/CWOF for first-time drug possession under M.G.L. c. 94C, § 34; otherwise 3 years (misdemeanor) or 7 years (felony) under M.G.L. c. 276, § 100A

Massachusetts provides three specialized paths for drug-possession records in addition to standard 3-year misdemeanor / 7-year felony sealing under M.G.L. c. 276, § 100A. First, any prior conviction for possessing an amount of marijuana that is no longer a crime may be sealed "forthwith" (with no waiting period) under M.G.L. c. 276, § 100A(2) and is eligible for court-ordered expungement at any age under M.G.L. c. 276, § 100K(a)(2). Second, under M.G.L. c. 94C, § 34, a first-time offender convicted of possessing marijuana (over the civil/legal limit) or a Class E controlled substance must generally be placed on probation and, upon successful completion, the case is dismissed and the records must be sealed; for other first-time § 34 drug-possession charges continued without a finding or placed on probation, the court may dismiss the case and order all official court and probation records sealed upon completion of probation.

• ✗First-offender probation dismissal and sealing under M.G.L. c. 94C, § 34 is unavailable if the person was previously convicted of a Chapter 94C offense or a state/federal narcotic felony
• ✗Sealing under M.G.L. c. 94C, § 34 does not seal non-public departmental records maintained by police and law enforcement agencies

Sources: M.G.L. c. 276, § 100A (Massachusetts General Laws) (M.G.L. c. 276, § 100A, item 2); M.G.L. c. 94C, § 34 (Massachusetts General Laws) (M.G.L. c. 94C, § 34, second and third paragraphs; M.G.L. c. 94C, § 34, third paragraph)

Remedy

Administrative sealing of delinquency records by the Commissioner of Probation after 3 years (M.G.L. c. 276, § 100B); time-based expungement of up to 2 juvenile/youthful-offender records after 3 or 7 years (M.G.L. c. 276, §§ 100F, 100I, 100J)

Waiting period

Sealing (M.G.L. c. 276, § 100B): 3 years after termination of the court appearance or disposition, including court supervision, probation, commitment, or parole. Expungement (M.G.L. c. 276, §§ 100F, 100I): 3 years (misdemeanor) or 7 years (felony) after the offense, including any incarceration, custody, or probation

Even before sealing, M.G.L. c. 276, § 100A allows any applicant for employment, housing, or an occupational/professional license to answer "no record" regarding juvenile delinquency or Child in Need of Services (CHINS/CRA) appearances and adjudications that were not transferred to the Superior Court, and the Commissioner of Probation reports "no record" to non-law-enforcement inquirers. In addition, under M.G.L. c. 276, § 100B, a person may request the Commissioner of Probation to seal their delinquency file once 3 years have passed since any court appearance or disposition (including supervision, probation, commitment, or parole) terminated, with no delinquency adjudication, criminal conviction (except motor vehicle offenses with a fine of $50 or less), or imprisonment/commitment in the preceding 3 years. For permanent destruction, a petitioner with not more than 2 delinquency or youthful-offender records for offenses not excluded by § 100J may petition for expungement under §§ 100F and 100I after 3 years (misdemeanor) or 7 years (felony).

• ✗Any delinquency adjudication, criminal conviction (except motor vehicle fines up to $50), or imprisonment/delinquency commitment within the preceding 3 years blocks sealing under § 100B
• ✗Time-based expungement under §§ 100F and 100I is limited to at most 2 records (multiple offenses from the same incident count as one) and excludes the 20 serious/violent/sex/OUI/weapon categories listed in M.G.L. c. 276, § 100J

Sources: M.G.L. c. 276, § 100B (Massachusetts General Laws) (M.G.L. c. 276, § 100B(1)–(3)); M.G.L. c. 276, § 100F (Massachusetts General Laws) (M.G.L. c. 276, § 100F(a)); M.G.L. c. 276, § 100I (Massachusetts General Laws) (M.G.L. c. 276, § 100I(a)(3))