Massachusetts: Adult Non-Conviction Arrests (MA-NC-6)

Records of arrest and court proceedings for a misdemeanor that did not lead to conviction can be expunged, so long as the petitioner was under 21 and had no other charges or convictions. ALM GL ch. 276, § 100H, I.

Record Detail(s)

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

Yes, all

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

For ineligible offenses, see ALM GL ch. 276, § 100J.

Procedure General

The petition must be filed on a form furnished by the Commissioner of Probation. For the specific procedure, see ALM GL ch. 276, § 100H.

Fees

There is no statutory language on fees.

Effect

The person cannot be held under any provision of any law to be guilty of perjury or otherwise giving a false statement for failure to recite or acknowledge the record, or portion thereof, in response to any inquiry for any purpose. ALM GL ch. 276, § 100M. The 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 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. ALM GL ch. 276, § 100N.

Waiting Periods

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

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