What Criminal Charges Can Be Sealed or Expunged in Massachusetts

What Criminal Charges Can Be Sealed or Expunged in Massachusetts?

Many Massachusetts criminal records can eventually be sealed, but expungement is much more limited. Whether a record qualifies depends on the exact offense, how the case ended, how much time has passed, prior criminal history, and the particular sealing or expungement law that applies.

It is also important to understand that sealing and expungement are different remedies. A record that cannot be expunged may still qualify for sealing.

What Is the Difference Between Sealing and Expungement?

Sealing restricts access to a criminal record. In many ordinary employment, housing, and licensing situations, a sealed Massachusetts record is reported as though no record exists.

Expungement goes further. When a Massachusetts criminal record is expunged, the record is permanently destroyed so that it is no longer accessible by the court or other state, municipal, or county agencies covered by the expungement law.

Because the eligibility rules are different, someone who does not qualify for expungement may still have a strong option for sealing.

For a broader explanation of sealing, visit our criminal record sealing in Massachusetts page.

Can a Dismissed Criminal Case Be Sealed?

Yes. A case that ended in a dismissal or nolle prosequi may be eligible for sealing under Massachusetts General Laws Chapter 276, Section 100C.

A dismissal is not automatically treated the same way as every other non-conviction disposition. When a case is dismissed or the Commonwealth enters a nolle prosequi, a person may ask the court where the case originated to seal the record. The court considers whether substantial justice would best be served by sealing it.

For more information about this specific process, see our FAQ: Can a dismissed criminal case be sealed in Massachusetts?

If your concern is whether the dismissed case could still appear during a background check, also see Dismissed Criminal Charges in Massachusetts: Will They Show Up on a Background Check?

What Happens With a Not-Guilty Finding, No Bill, or Finding of No Probable Cause?

Massachusetts General Laws Chapter 276, Section 100C treats certain non-conviction outcomes differently from a dismissal.

Records involving the following dispositions are generally required to be sealed under Section 100C unless the defendant makes a written request that the records not be sealed:

• A not-guilty finding;
• A grand-jury no bill; or
• A finding of no probable cause.

A dismissal or nolle prosequi, by contrast, generally requires a request to the court and a determination that substantial justice would best be served by sealing the record.

You can review the official Massachusetts General Laws Chapter 276, Section 100C.

Can Misdemeanor Convictions Be Sealed?

Many misdemeanor convictions can be sealed after the statutory waiting period if the other eligibility requirements are satisfied.

Under Massachusetts General Laws Chapter 276, Section 100A, the general waiting period for an eligible misdemeanor is 3 years after the conviction or after any period of incarceration or custody connected with the offense, whichever is later.

Later convictions and other parts of a person’s criminal history can affect eligibility, so the entire record should be reviewed rather than looking at one charge in isolation.

Can Felony Convictions Be Sealed?

Many felony convictions can also be sealed, but the general waiting period is longer.

For an eligible felony, Massachusetts General Laws Chapter 276, Section 100A generally requires 7 years after the conviction or after any period of incarceration or custody, whichever is later.

Mass.gov provides current information about criminal record sealing eligibility in Massachusetts.

Are There Convictions That Have Different Sealing Rules?

Yes. Not every conviction follows the ordinary 3-year misdemeanor or 7-year felony rule.

For example, Massachusetts General Laws Chapter 276, Section 100A contains special restrictions for certain offenses, including:

• Certain firearm-related convictions under Chapter 140;
• Certain offenses under Chapters 268 and 268A involving public justice, ethics, or related conduct; and
• Sex offenses, which have separate waiting-period and sex-offender-registration rules.

Under Section 100A, sex offenses generally cannot be sealed for at least 15 years following disposition and completion of supervision, probation, or incarceration, and they cannot be sealed while the person remains subject to a registration requirement. A person who has at any time been classified as a Level 2 or Level 3 sex offender is not eligible to seal sex-offense records under this provision.

Because these restrictions are offense-specific, it is important to check the actual Massachusetts statute listed on the criminal record.

Can an Offense That Is No Longer a Crime Be Sealed?

Yes. Massachusetts General Laws Chapter 276, Section 100A provides that an offense that is no longer a crime may be eligible for sealing immediately, unless the elements of the old offense remain criminal under a different designation.

Some records involving conduct that has since been decriminalized may also qualify for expungement under separate Massachusetts expungement laws.

Can Marijuana Records Be Expunged?

Some can.

Massachusetts has a specific expungement provision for certain marijuana offenses involving amounts that have since been decriminalized. Depending on the record, this can include certain possession, cultivation, possession-with-intent, or distribution offenses based on amounts later decriminalized by Massachusetts law.

Massachusetts provides a specific court form for requesting expungement of qualifying marijuana offenses.

You can review the Massachusetts Court System’s information about expunging a criminal record.

Are There Special Sealing Rules for First-Time Drug Possession Cases?

Yes, in certain circumstances.

Massachusetts General Laws Chapter 94C, Section 34 contains special provisions for some people charged with possession who do not have the prior drug-related convictions described in the statute.

For qualifying first-time cases involving a continuance without a finding or probation, successful completion may allow the court to dismiss the proceedings and order records sealed. Section 34 also contains specific provisions for certain first convictions involving marijuana or a Class E controlled substance.

Eligibility depends on the exact offense, prior history, disposition, and whether the statutory requirements were satisfied.

You can review Massachusetts General Laws Chapter 94C, Section 34.

Who Can Qualify for Time-Based Expungement?

Time-based expungement is considerably more limited than ordinary record sealing.

Massachusetts law allows certain records to be considered for time-based expungement when the statutory requirements are met. Among other requirements:

• The petitioner generally cannot have more than two qualifying records, although multiple offenses from the same incident may be treated as one record;
• The offenses being expunged must have occurred before the petitioner’s 21st birthday;
• The required waiting period must have passed;
• The offense cannot fall within one of the categories excluded from expungement; and
• The court must determine that expungement is appropriate under the applicable statutory process.

The general waiting period is 3 years for records containing only misdemeanors and 7 years when the record includes a felony, measured under the statutory rules governing completion of the case and sentence.

Mass.gov provides a current overview of Massachusetts expungement eligibility.

What Offenses Are Excluded From Time-Based Expungement?

Massachusetts General Laws Chapter 276, Section 100J excludes a number of offenses from the ordinary time-based expungement process.

Examples include certain:

• Offenses resulting in death or serious bodily injury;
• Offenses committed with intent to cause death or serious bodily injury;
• Offenses committed while armed with a dangerous weapon;
• Offenses against elderly people or people with disabilities;
• Sex offenses;
• Operating under the influence offenses;
• Firearm offenses;
• Violations of certain restraining or harassment-prevention orders;
• Assault or assault and battery on a household or family member; and
• Felony offenses under Massachusetts General Laws Chapter 265.

This does not necessarily mean that every offense excluded from expungement is also excluded from sealing. Sealing and expungement have different eligibility rules.

You can review the current exclusions in Massachusetts General Laws Chapter 276, Section 100J.

Can a Record Be Expunged Without Meeting the Time-Based Requirements?

Sometimes. Massachusetts also provides a separate form of expungement for records created because of certain errors, identity problems, fraud, or offenses that are no longer crimes.

Under Massachusetts General Laws Chapter 276, Section 100K, a court may consider expungement when a record resulted from:

• False identification;
• Unauthorized use or theft of the petitioner’s identity;
• An offense that is no longer a crime;
• Demonstrable errors by law enforcement;
• Demonstrable errors by civilian or expert witnesses;
• Demonstrable errors by court employees; or
• Fraud perpetrated upon the court.

For this type of expungement, the court must also determine that expungement is in the interests of justice.

You can review Massachusetts General Laws Chapter 276, Section 100K.

Are There Special Remedies for Human Trafficking Victims?

Massachusetts law provides a separate remedy for certain people whose participation in specified offenses resulted from being victims of human trafficking.

Under Massachusetts General Laws Chapter 265, Section 59, a qualifying person may ask the court to vacate certain convictions, continuances without a finding, or delinquency adjudications when the statutory requirements are met.

This procedure is different from ordinary sealing or expungement and applies only to specified offenses and circumstances. If a criminal record is connected to human trafficking victimization, the available remedies should be reviewed carefully.

Why Should Eligibility Be Reviewed Carefully?

Massachusetts sealing and expungement laws contain different waiting periods, exclusions, special procedures, and exceptions. Two records that appear similar may have very different eligibility depending on the exact statute and disposition.

Before filing a request, it can be helpful to review:

• Your Massachusetts CORI;
• The docket and criminal complaint;
• The exact disposition of each charge;
• The Massachusetts General Laws section involved;
• Dates of conviction, probation, incarceration, or dismissal;
• Any later criminal cases; and
• Whether you are seeking sealing, expungement, or another type of relief.

Questions About Sealing or Expunging a Massachusetts Criminal Record?

The Law Offices of Elliot Savitz & Scott Bradley can review the record and help determine whether sealing, expungement, or another form of relief may be available.

If you have questions about a dismissed case, an old conviction, or another Massachusetts criminal record, contact us to discuss your situation.

This page provides general information about Massachusetts criminal-record law and is not legal advice for an individual case. Eligibility depends on the exact offense, disposition, criminal history, dates, and other circumstances.