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Massachusetts: Adult Factual Innocence (MA-FI-1)

Massachusetts: Adult Factual Innocence (MA-FI-1)

Records are expunged or sealed by the court upon entry of a judgment or settlement agreement that a person was erroneously convicted and incarcerated for a felony. ALM GL ch. 258D, § 7.
Record Detail(s)
Improper conviction
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Clearance Process
Automatic
Remedy
Seal
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The procedure is automatic. Upon entry of a judgment or settlement agreement and following a hearing on which remedy should be ordered, the court shall enter an order directing expungement or sealing of arrest and court records. For the specific procedure, see ALM GL ch. 258D, § 7.
Fees
There is no fee.
Effect
The person can say they have no record in response to an inquiry in any employment application. The record does not disqualify the person from state or local public service, and cannot be used against the person in court or other proceedings. ALM GL ch. 258D, § 7.
Waiting Periods
There is no waiting period.

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