What Criminal Charges Can Be Sealed or Expunged in Massachusetts

At The Law Offices of Elliot Savitz and Scott Bradley, we’re often asked about the difference between sealing and expungement of criminal charges in Massachusetts. If you’ve ever been arrested or faced charges—even if your case was dismissed—you may be wondering what legal options are available to clear your record. Below, we explain the key differences to help you understand your rights and next steps.

What’s the difference between sealing and expungement in Massachusetts?

• Sealing hides your criminal record from most employers, landlords, and the general public.
• Expungement goes a step further—it deletes your record entirely, as if it never existed.

In Massachusetts, sealing is far more common. Expungement is only available in rare circumstances.
Mass.gov – Expungement Criteria

Am I eligible to seal my criminal record?

Yes, depending on:

• The type of offense
• Whether you were convicted
• How much time has passed

What Crimes Can Be Sealed or Expunged

1. Non-Convictions
Cases that were:

• Dismissed,
• Ended in a not guilty verdict, or
• Did not go to trial (nolle prosequi),

…can be sealed immediately, either by mail or through a court hearing.

2. Misdemeanor & Felony Convictions

• Misdemeanors: May be sealed 3 years after the date of conviction or release from jail—whichever is later.
• Felonies: Require a 7-year wait from conviction or release.

You must also remain conviction-free during that period. A new offense restarts the clock.

3. Decriminalized Offenses
Crimes that are no longer illegal—like possession of a small amount of marijuana—can be sealed right away, even if you were convicted at the time.

4. First-Time Drug Possession
If you were convicted of drug possession (e.g., heroin, cocaine) for the first time, you may be eligible to seal your record immediately through the courts, even if the usual waiting period hasn’t passed.

5. Survivors of Human Trafficking
If your conviction is related to being a victim of trafficking (e.g., prostitution, shoplifting under coercion), Massachusetts allows sealing without the typical waiting period.

Each new criminal offense restarts the clock.
Massachusetts General Laws c. 276 §100A

Crimes That Cannot Be Sealed or Expunged

The following offenses are generally ineligible for sealing or expungement in Massachusetts:

Serious Violent Felonies

• Murder or manslaughter
• Kidnapping
• Armed robbery
• Assault with intent to murder

Sexual Offenses

• Rape or sexual assault
• Statutory rape or child molestation
• Indecent assault and battery on a child
• Possession or distribution of child pornography

Certain Repeat Offenses

If you’ve had multiple serious convictions, your ability to seal even lesser offenses may be limited—especially if you’re still within the waiting period for any of them.

Can Expungement Be Used Instead?

In Massachusetts, expungement is much more limited than sealing. It’s typically allowed only when:

• The offense is no longer a crime (e.g., marijuana possession),
• The record was created in error (e.g., identity theft or juvenile mistaken ID), or
• A Governor’s pardon has been granted.[⁷]

Otherwise, sealing is the main method to restrict access to your CORI (Criminal Offender Record Information).

Why Some Crimes Cannot Be Sealed in Massachusetts

Not all criminal records are eligible for sealing in Massachusetts, and there’s a clear legal rationale behind these restrictions:

• Protecting Public Safety: Crimes involving violence, sexual offenses, or serious harm are considered too serious to be hidden, as they may pose an ongoing risk to the community.
• Respecting Victim Rights: Offenses with significant victims—physically, emotionally, or financially—remain visible to support victim protection and access to justice.
• Ensuring Accountability: Transparency around serious convictions helps deter future crimes and reinforces personal responsibility.
• Judicial Oversight: Judges have the authority to deny sealing requests based on the seriousness of the offense, criminal history, or lack of rehabilitation.

At The Law Offices of Elliot Savitz and Scott Bradley, we help clients navigate these legal boundaries and assess whether their record may be eligible for sealing or expungement.