Overview Description

Records of any offense which is no longer a crime can be sealed by the commissioner of probation at any time. ALM GL ch. 276, § 100A(2).

Ineligible Category or Citation

This provision does not apply if the elements of the offense continue to be a crime under a different designation. ALM GL ch. 276, § 100A(2).

Procedure General

A petition form must be filed with the commissioner of probation. The form can be mailed or hand delivered. For the specific procedure, see ALM GL ch. 276, § 100A.

Fees

There is no fee.

Effect

Sealed records will not disqualify the person from public service or employment by the state. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record is not admissible and cannot be used in court or most other proceedings, though law enforcement retains access to sealed records. ALM GL ch. 276, §§ 100A, 100C, 100D. ALM GL ch. 276, §§ 100A, 100C, 100D.

Certain child welfare related agencies and employers are given access to sealed records. ALM GL ch. 6, §§ 172B, 172F.

Forms

For a petition to seal records in Massachusetts, visit here.

Waiting Periods

The record can be sealed at any time.

(non-prod server)