Massachusetts: Adult Non-Conviction Arrests (MA-NC-5)

Records of a sex offense 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 15 years. ALM GL ch. 276,§ 100A.

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

A person who has ever been classified as a level 2 or level 3 sex offender is not eligible for sealing of sex offenses. ALM GL ch. 276, § 100A(6).

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 GL 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

The person must wait 15 years to file for sealing, or so long as the person is under a duty to register, whichever is longer.

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