Massachusetts: Adult Non-Conviction Arrests (MA-NC-3)

Records of a misdemeanor 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 five years. ALM CL ch. 276,§ 100A.

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

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 CL ch. 276,§ 100A.

Fees

There is no fee.

Effect

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.

Forms

For a petition to seal a record in Massachusetts, visit here.

Waiting Periods

There is a five-year waiting period to seal the record.

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