Overview Description

Records relating to criminal court appearance or disposition for certain possession or cultivation of an amount of marijuana, possession of marijuana with intent to distribute, or distribution of marijuana offenses, can be expunged by the court 30 days of a petition being filed. ALM GL ch. 276, § 100K¼.

Ineligible Category or Citation

There is no statutory language on ineligible offenses.

Procedure General

A petition must be filed. For the specific procedure, see ALM GL ch. 276, § 100K¼(a).

Fees

There is no statutory language on fees.

Effect

No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. ALM GL ch. 276, § 100M.

An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N.

Forms

The form can be found here.

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