How do I expunge a criminal record in Massachusetts?

Massachusetts record relief is governed by MGL c. 276 §§ 100A-100U, substantially expanded by the Criminal Justice Reform Act of 2018.

1. Sealing — MGL c. 276 § 100A

Misdemeanors: 3-year waiting period after disposition or release from custody, whichever is later.

Felonies: 7-year waiting period.

Resisting arrest: 7 years.

Sex offenses requiring SORB registration: NOT sealable until registration obligation ends.

Apply to Commissioner of Probation (administrative — no court hearing) for most cases.

2. Court-Ordered Sealing — § 100C

For non-conviction dispositions (dismissals, acquittals, nolle prosequi) — immediate sealing by petition to court.

3. Expungement — MGL c. 276 §§ 100E-100U (CJRA 2018)

Two pathways:

Time-based expungement (§ 100K): For offenses committed before age 21, after waiting period (3 years misdemeanor / 7 years felony) and only one offense on record.

Reason-based expungement (§ 100K): Available regardless of age if conviction was for an offense (a) since decriminalized; (b) based on false identification; (c) based on demonstrably false evidence (fraud on court); or (d) the result of unauthorized use of identifying information.

4. Excluded from Expungement

Most violent offenses, including assault & battery, sex offenses, OUI/DUI causing serious injury.

Firearm offenses.

Crimes against elders or persons with disability.

Crimes resulting in death.

5. Procedure

Sealing: Submit Petition to Seal to Commissioner of Probation (administrative) or to court (judicial).

Expungement: File Petition for Expungement in court; DA has 30-60 days to object; hearing required for contested petitions.

Filing fees waived in most cases for indigent petitioners.

6. Effect

Sealed records hidden from public/most employers; available to law enforcement and certain licensing.

Expunged records destroyed and may be denied in all contexts (with narrow exceptions).

This is legal information, not legal advice.