Overview Description

A record relating to any juvenile court appearance on file in the Office of the Commissioner of Probation can be sealed, so long as the person is not subject to any disqualifying event and at least three years have passed from any court appearance or disposition. ALM GL ch. 276, § 100B.

Ineligible Category or Citation

To be eligible for sealing, the person cannot have been: (1) adjudicated delinquent or as a youthful offender, or found guilty of any criminal offense in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a $50 fine, or (2) imprisoned under sentence or committed as a juvenile within the preceding three years. Mass. Gen. Laws Ann. 276 § 100B.

Procedure General

The petition must be filed using the official form and then submitted to the Commissioner of Probation. ALM GL ch. 276, § 100B.

Fees

There is no fee to seal a record.

Effect

 

Sealed records shall not operate to disqualify a person in any future examination, appointment, or application for public service under the government of the commonwealth or of any political subdivision thereof; nor shall such sealed records be admissible in evidence or used in any way in any court proceedings or hearings before any boards of commissioners, except in imposing sentence for subsequent offenses in delinquency or criminal proceedings. ALM CL ch. 276, § 100B.

Sealed records will not disqualify the person from public service or employment by the state or municipalities. 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. ALM CL ch. 276, § 100B.

Forms

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

Waiting Periods

The petition can be filed after three years from any court appearance or disposition.

(non-prod server)