Can a Dismissed Criminal Case Be Sealed in Massachusetts?

Yes. A Massachusetts criminal case that was dismissed may be eligible to be sealed. A dismissal, however, does not necessarily mean the record is automatically sealed.

Massachusetts General Laws Chapter 276, Section 100C provides a procedure for sealing a criminal case when a dismissal has been entered or the Commonwealth has entered a nolle prosequi.

The court considers whether substantial justice would best be served by sealing the record. Massachusetts court guidance says relevant considerations may include disadvantages caused by the record remaining available, rehabilitation, the circumstances of the case, the amount of time that has passed, and the reason the case ended.

This is different from the waiting periods that generally apply when someone is seeking to seal a criminal conviction.

Is There a Waiting Period to Seal a Dismissed Case?

A dismissal or nolle prosequi is handled differently from sealing an eligible conviction. Massachusetts General Laws Chapter 276, Section 100C does not impose the same three-year misdemeanor or seven-year felony waiting periods that generally apply to conviction-based sealing under Section 100A.

Instead, a person may ask the court where the case originated to seal a dismissal or nolle prosequi. The court considers whether substantial justice would best be served, including the circumstances of the case, the disadvantages caused by the record remaining available, the amount of time that has passed, and other relevant factors.

It is also important to distinguish a dismissal from other non-conviction outcomes. Massachusetts law contains separate provisions for records involving a not-guilty finding, a grand-jury no bill, or a finding of no probable cause.

A dismissed case may also remain important when someone is concerned about what may appear during an employment, housing, licensing, or other background check. For a broader explanation, see Dismissed Criminal Charges in Massachusetts: Will They Show Up on a Background Check?

Sealing is also different from expungement. You can read more on our criminal record sealing page and our FAQ about sealing and expungement.

If a dismissed case is creating problems with employment, housing, licensing, or another background check, contact us to discuss whether sealing may be available.