Records of a sex offense case resolved by a finding of not guilty, a finding of no probable cause, a nolle prosequi, or a dismissal can be sealed by the commissioner of probation after 15 years. ALM GL ch. 276, § 100A.
Ineligible Category or Citation
A person who has ever been classified as a level 2 or level 3 sex offender is not eligible for sealing of sex offenses. ALM GL ch. 276, § 100A(6).
A petition must be filed with the commissioner of probation. If the case was dismissed after a continuance without a finding (CWOF), the waiting period begins from the date of the CWOF rather than the later date of dismissal. For the specific procedure, see ALM GL ch. 276, § 100A.
There is no fee.
Sealed records will not disqualify the person from public employment. The person can tell prospective employers they have no criminal record, and court officials report that no record exists. The sealed record can be used in some specified proceedings. ALM GL ch. 276, §§ 100A, 100C, 100D.