Massachusetts: Juvenile Court Records and Law Enforcement Records (MA-AR-3)

A record relating to a delinquency or youthful offender misdemeanor case that did not lead to adjudication, can be expunged by the court after three years. Mass. Gen. Laws Ann. 276 §§ 100H, 100I.

Record Detail(s)

Charges not adjudicated

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

For ineligible offenses, see Mass. Gen. Laws Ann. 276 § 100J.

Procedure General

The petition must be filed using the form furnished by the Commissioner of Probation. For the specific procedure, see Mass. Gen. Laws Ann. 276 § 100H, et seq.

Fees

There is no statutory language on fees.

Effect

No person whose record was expunged shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowledge such record, or portion thereof, in response to any inquiry made for any purpose. Mass. Gen. Laws Ann. 276 § 100M. An expunged record shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency, nor shall such expunged records be admissible in evidence or used in any way in any court proceedings or hearings before any boards or commissions or in determining suitability for the practice of any trade or profession requiring licensure. Mass. Gen. Laws Ann. 276 § 100N.

Forms

Expungement petition forms can be found here.

Waiting Periods

The petition can be filed three years after the date of the alleged offense.

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