Massachusetts uses Mass. Gen. Laws ch. 276, § 100G for petition for expungement of record of conviction. The statute says: “(a) A petitioner who has not more than 2 records of conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record or records; provided, however, that multiple offenses arising out of the same…” Mass. Gen. Laws ch. 276, § 100G speaks in expungement. Mass. Gen. Laws ch. 258D, § 7 speaks in sealing. They are different orders.
Petitions the courts already decided
Commonwealth vs. Robert T. Vickey, 381 Mass. 762 (1980) is worth reading in full. The opinion puts it this way: “As noted in Police Comm’r, expungement is the total removal of a record “so that no trace of the information remains.”
Commonwealth vs. Peter Pon, 469 Mass. 296 (2014) is worth reading in full. The opinion puts it this way: “For a petition to seal a criminal case ending in dismissal or nolle prosequi, substantial justice is served when the defendant establishes good cause for overriding the common-law presumption of public access.”
Commonwealth v. Tina Boe — Grasso, 73 Mass. App. Ct. 647 (2009) is worth reading in full. The opinion puts it this way: “In consequence, no records of arrest arose, and her motion to expunge did not encompass a request to expunge police records such as photographs, fingerprints and the like.”
The petition and the sections next to it
Mass. Gen. Laws ch. 276, § 100P deals with exclusion of general public from proceedings relating to petition for expungement. The statute says: “The court shall exclude the general public from any judicial proceeding where the court will be hearing a petition for an expungement admitting only such persons as may have a direct interest in the case.”
Read Mass. Gen. Laws ch. 258D, § 7 when the issue is expungement or sealing of records; hearings. The statute says: “(A) Upon the entry of a judgment in favor of a claimant under this chapter and following a separate hearing on the matter, the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the department of criminal…”
Massachusetts uses Mass. Gen. Laws ch. 276, § 100I for who may ask. The statute says: “(a) The commissioner shall certify that a record or records that are the subject of the petition filed pursuant to section 100F, section 100G or section 100H are eligible for expungement provided that: (1) any offense resulting in the record or records that are the subject of…”
When a different section applies
Massachusetts uses Mass. Gen. Laws ch. 276, § 100H for petition for expungement of record without adjudication as delinquent or youthful offender or conviction. A juvenile record uses this section rather than the adult petition. The statute says: “(a) A petitioner who has not more than 2 records that do not include an adjudication as a delinquent, an adjudication as a youthful offender or a conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner…”
On petition for expungement of record as adjudicated delinquent or youthful offender, the Massachusetts text is Mass. Gen. Laws ch. 276, § 100F. A juvenile record uses this section rather than the adult petition. The statute says: “(a) A petitioner who has not more than 2 records as an adjudicated delinquent or adjudicated youthful offender may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record or records; provided…”
Filing order
- Open Mass. Gen. Laws ch. 276, § 100G and read the part on petition for expungement of record of conviction. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Massachusetts county uses, then check the form against Mass. Gen. Laws ch. 276, § 100G.
- If the person was a juvenile, move to Mass. Gen. Laws ch. 276, § 100H instead of forcing the case into the adult section.
- Then read Commonwealth vs. Robert T. Vickey, 381 Mass. 762 (1980). That is a Massachusetts court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Massachusetts?
On petition for expungement of record of conviction, the Massachusetts text is Mass. Gen. Laws ch. 276, § 100G. The statute says: “(a) A petitioner who has not more than 2 records of conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record or records; provided, however, that multiple offenses arising out of the same…” Mass. Gen. Laws ch. 276, § 100G speaks in expungement. Mass. Gen. Laws ch. 258D, § 7 speaks in sealing. They are different orders.
Does Massachusetts use a different statute when the person was under eighteen?
Mass. Gen. Laws ch. 276, § 100H deals with petition for expungement of record without adjudication as delinquent or youthful offender or conviction. A juvenile record uses this section rather than the adult petition. The statute says: “(a) A petitioner who has not more than 2 records that do not include an adjudication as a delinquent, an adjudication as a youthful offender or a conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner…”
How have Massachusetts courts ruled on expungement and sealing?
Commonwealth vs. Robert T. Vickey, 381 Mass. 762 (1980) “As noted in Police Comm’r, expungement is the total removal of a record “so that no trace of the information remains.”
Nothing on this page is a prediction of how a Massachusetts judge will rule. Mass. Gen. Laws ch. 276, § 100G is the text the petition has to satisfy.