Massachusetts Expungement and Record Sealing Laws (M.G.L. c. 276)
Massachusetts Expungement and Record Sealing Laws (M.G.L. c. 276)
Massachusetts gives eligible residents two distinct remedies for past criminal records: sealing under M.G.L. c. 276, §§ 100A through 100C, and the narrower remedy of expungement under §§ 100E through 100U, created by the 2018 Criminal Justice Reform Act.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Massachusetts state law only. For a national comparison, see Expungement Laws by State.
Sealing vs. Expungement: Two Different Remedies
Massachusetts law treats sealing and expungement as separate processes with different effects and different eligibility thresholds.
Sealing under §§ 100A through 100C restricts access to a record. A sealed record is not destroyed. Law enforcement and certain licensing bodies can still view it, but the public cannot, and the individual may lawfully answer "no record" on most employment, housing, and professional license applications. Sealing is the more accessible remedy and covers a broader range of offenses.
Expungement under §§ 100E through 100U is permanent erasure. After expungement, the Commissioner of Probation, courts, and all criminal justice agencies must report that "no record exists" in response to any inquiry (M.G.L. c. 276, § 100L). Because expungement destroys the record entirely, the legislature set stricter eligibility requirements: the offense must generally have occurred before the petitioner turned 21, waiting periods apply, and a wider list of serious offenses is excluded.
Understanding which pathway applies to a specific record is the essential first step. For many adults with older felony convictions, sealing under § 100A is the realistic option; expungement under § 100G or § 100H may be available only if the conviction occurred before age 21 and no other disqualifying factors apply.
Time-Based Sealing Under § 100A
Section 100A of M.G.L. c. 276 allows any person with a qualifying Massachusetts criminal record to ask the Commissioner of Probation to seal that record without a court hearing, provided the statutory waiting period has elapsed. The 2018 Criminal Justice Reform Act reduced those waiting periods significantly: misdemeanor convictions are now eligible 3 years after the date of disposition, and felony convictions are eligible 7 years after the date of disposition (M.G.L. c. 276, § 100A). The request must be signed under the penalties of perjury. During the waiting period the petitioner must not have incurred any new conviction, any out-of-state or federal conviction, or any period of imprisonment.
Several categories are excluded from § 100A sealing regardless of how much time has passed. Firearms violations under c. 140, §§ 121 through 131H, public corruption offenses under c. 268 and c. 268A (except resisting arrest), and sex offenses follow a separate track. Sex offense records require a 15-year post-disposition waiting period, and Level 2 and Level 3 registered sex offenders may not seal those records at all. Once sealed, the Commissioner of Probation notifies court clerks and probation offices, and the individual may answer "no record" on standard employment and housing applications.
Petition Sealing Under § 100C
Section 100C covers records that resulted in favorable outcomes, such as dismissals and acquittals, and it operates on a different logic than the time-based approach of § 100A.
When a case ends in a not-guilty verdict by judge or jury, a grand jury no-bill, or a finding of no probable cause, the law directs the Commissioner of Probation and the court clerk to seal the record automatically. The individual does not need to file a petition. Sealing does not occur only if the defendant submits a written request opposing it (M.G.L. c. 276, § 100C).
For cases resolved by dismissal or nolle prosequi, § 100C gives the court discretion to order sealing "if substantial justice would best be served." The defendant must petition the court, and the court may hold a hearing. If the court grants the petition, the clerk notifies the Commissioner of Probation and all relevant probation offices to seal their files. As with § 100A, once sealing is complete the individual may answer "no record" on most applications, and the Attorney General may seek enforcement in Superior Court.
Time-Based Expungement Under §§ 100G and 100H
The 2018 Criminal Justice Reform Act created M.G.L. c. 276, §§ 100E through 100U to establish a pathway to permanent expungement for a limited class of petitioners. Two petition tracks exist:
Section 100G applies to individuals with no more than 2 conviction records. Section 100H applies to individuals with no more than 2 records that include non-conviction entries.
Under both tracks, eligibility is governed by § 100I. The core requirements are:
- All offenses subject to the petition must have occurred before the petitioner's 21st birthday.
- For misdemeanor-only records, at least 3 years must have elapsed since the disposition date.
- For any felony record, at least 7 years must have elapsed since the disposition date.
- The petitioner must have no other criminal or juvenile court appearances on file anywhere in the United States, except minor motor vehicle violations carrying fines under $50.
- The petitioner must certify that they are not currently the subject of an active criminal investigation.
- Multiple offenses arising from the same incident count as a single record for the two-record limit.
The petitioner files a signed form with the Commissioner of Probation. The Commissioner has 30 to 60 days to certify eligibility and, if the petitioner qualifies, notify the district attorney. The district attorney then has 30 to 60 days to file objections. If the DA objects, the court holds a hearing within 21 days and decides based on the best interests of justice, entering written findings. If no objection is filed, the court may approve the petition without a hearing (M.G.L. c. 276, §§ 100F, 100G, 100H).
Non-Meritorious Expungement Under § 100K
Section 100K provides a separate expungement pathway that does not require the petitioner to have been under 21 at the time of the offense. It applies when the record itself was the product of a defect. A court may order expungement under § 100K upon clear and convincing evidence that the record resulted from:
- False identification of the petitioner or unauthorized use of the petitioner's identity (M.G.L. c. 276, § 100K(a)(i))
- An act that was criminal when charged but is no longer a crime at the time of the petition, provided the conduct is not still criminal under a different name (§ 100K(a)(ii))
- Demonstrable errors by law enforcement (§ 100K(a)(iii))
- Demonstrable errors by civilian or expert witnesses (§ 100K(a)(iv))
- Demonstrable errors by court employees (§ 100K(a)(v))
- Demonstrable fraud perpetrated upon the court (§ 100K(a)(vi))
The court must hold a hearing if either the petitioner or the district attorney requests one, and must enter written findings of fact when granting the petition. The court evaluates what is "in the best interests of justice." Upon granting the order, the court forwards it to the originating court clerk, the Commissioner of Probation, and the Commissioner of Criminal Justice Information Services.
Offenses Excluded From Expungement
Section 100J of M.G.L. c. 276 lists the categories of offenses that are permanently ineligible for expungement regardless of age, waiting period, or other factors. The excluded categories include:
- Offenses resulting in death or serious bodily injury, or committed with intent to cause such harm
- Offenses committed while armed with a dangerous weapon
- Offenses against elderly or disabled persons
- All sex offenses, sex offenses involving children, and sexually violent offenses as defined under Massachusetts law
- OUI violations under M.G.L. c. 90, § 24
- Firearms violations under M.G.L. c. 140
- Violations of domestic violence restraining orders, abuse prevention orders under c. 209A, and harassment prevention orders under c. 258E
- All felony violations of M.G.L. c. 265 (crimes against persons, including assault and battery offenses)
- Certain violations under M.G.L. c. 269
These exclusions apply to all expungement petitions under §§ 100F, 100G, and 100H. Section 100K petitions are subject to similar court review, and courts retain discretion to deny expungement when the interests of justice do not support it.
Disclaimer: This article describes Massachusetts law as of May 29, 2026, based on M.G.L. c. 276, §§ 100A through 100U. Laws change. Nothing in this article constitutes legal advice. Consult a licensed Massachusetts attorney before filing any sealing or expungement petition.
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Sources
The statutory text cited in this article was retrieved from the Massachusetts Legislature's official website at malegislature.gov in May 2026.
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