What Criminal Charges Can Be Sealed or Expunged in Massachusetts

What Criminal Charges Can Be Sealed or Expunged in Massachusetts?

At The Law Offices of Elliot Savitz & Scott Bradley, we are often asked about the difference between sealing and expungement of criminal records in Massachusetts. If you have ever been arrested, charged, or convicted, you may be wondering whether there is a way to limit public access to your record.

In Massachusetts, some criminal records may be eligible for sealing, while expungement is available only in more limited circumstances. The right option depends on the type of case, how it was resolved, how much time has passed, and whether the record meets the legal requirements.

What Is the Difference Between Sealing and Expungement in Massachusetts?

Sealing and expungement are not the same.

• Sealing limits access to a criminal record. Once a record is sealed, most employers, landlords, and members of the public cannot see it through standard CORI access.
• Expungement is more limited and, when granted, permanently destroys the record so that it is no longer accessible by the court or other state, municipal, or county agencies.

In Massachusetts, sealing is far more common than expungement. Expungement is generally available only when the record meets specific statutory criteria. Mass.gov provides an overview of Massachusetts expungement eligibility.

Can Non-Convictions Be Sealed in Massachusetts?

Yes, many non-conviction records may be eligible for sealing. This may include cases that ended in:

• Dismissal
• A not guilty finding
• A nolle prosequi, meaning the prosecutor declined to continue the case

These records may still appear on certain background checks unless they are sealed. If your case did not result in a conviction, you may be able to petition the court to seal the record. The process may depend on how the case ended and whether the court finds that sealing is appropriate.

Mass.gov provides instructions on how to request to seal your criminal record in Massachusetts.

Can Misdemeanor Convictions Be Sealed?

Yes, many misdemeanor convictions may be eligible for sealing after the required waiting period. In Massachusetts, many misdemeanor convictions may be sealed 3 years after the date of conviction or release from incarceration, whichever is later.

Eligibility also depends on whether you have had later criminal convictions, whether any charges are still pending, and whether the offense is excluded from sealing.

Can Felony Convictions Be Sealed?

Yes, many felony convictions may be eligible for sealing after a longer waiting period. In Massachusetts, many felony convictions may be sealed 7 years after the date of conviction or release from incarceration, whichever is later.

Mass.gov explains the general sealing waiting periods for misdemeanor and felony convictions. You can review the official guidance here: find out if you can seal your criminal record.

Can Decriminalized Offenses Be Sealed or Expunged?

In some cases, yes. If the offense is no longer a crime, a person may have options to seal or expunge the record depending on the specific facts and the applicable statute. Marijuana-related records are a common example people ask about, but eligibility should be reviewed carefully.

Massachusetts law recognizes expungement in certain circumstances where the offense is no longer a crime. You can review Massachusetts General Laws Chapter 276, Section 100K for expungement based on certain errors, fraud, identity issues, and offenses that are no longer crimes.

Can First-Time Drug Possession Charges Be Sealed?

Some first-time drug possession cases may have special sealing rules. Massachusetts law allows certain first-time controlled substance possession records to be sealed without the usual waiting period if the statutory requirements are met.

Eligibility depends on the exact charge, the outcome, and whether the person qualifies under Massachusetts law. This is an area where it is especially important to review the docket and disposition before assuming the record can be sealed.

Can Human Trafficking-Related Records Be Sealed?

Some records connected to human trafficking victimization may be eligible for sealing or other relief under Massachusetts law. These cases are highly fact-specific and may involve charges connected to exploitation, coercion, or trafficking-related circumstances.

If you believe a charge or conviction was connected to being a victim of trafficking, you should speak with an attorney about whether sealing, expungement, or another form of relief may be available.

What Crimes Usually Cannot Be Sealed or Expunged?

Not every criminal record can be sealed or expunged in Massachusetts. Some offenses are excluded from sealing, and expungement is even more limited.

Records that may be difficult or impossible to seal or expunge can include certain:

• Sex offenses
• Offenses requiring sex offender registration
• Firearm-related offenses
• Public corruption offenses
• Operating under the influence convictions
• Some serious violent offenses
• Some offenses involving children or vulnerable victims

This list is not exhaustive. Eligibility depends on the specific statute, the disposition, your full record, and the applicable sealing or expungement law.

Can Expungement Be Used Instead of Sealing?

Sometimes, but expungement is much more limited than sealing. Massachusetts expungement may be available in specific situations, including certain records created because of:

• False use of identification
• Unauthorized use or theft of identity
• An offense that is no longer a crime
• Certain demonstrable errors by law enforcement, court employees, witnesses, or experts
• Fraud upon the court

Mass.gov explains that expungement permanently destroys the record, unlike sealing. You can review the official Massachusetts resource on how to expunge your criminal record.

Why Eligibility Should Be Reviewed Carefully

Sealing and expungement rules in Massachusetts are technical. The same general category of offense may be treated differently depending on the exact charge, whether there was a conviction, whether there was incarceration, whether another offense occurred later, and whether the record is excluded by statute.

Before filing, it is important to review your CORI, docket entries, dispositions, and the legal basis for sealing or expungement. Filing the wrong request, filing too early, or misunderstanding eligibility can delay the process.

Speak With a Massachusetts Criminal Defense Attorney

At The Law Offices of Elliot Savitz & Scott Bradley, we help clients understand whether their Massachusetts criminal records may be eligible for sealing or expungement. We can review your record, explain your options, and help you determine the best path forward.

If you have questions about sealing or expunging a criminal record in Massachusetts, contact The Law Offices of Elliot Savitz & Scott Bradley for guidance.