A criminal record in Massachusetts can create serious roadblocks, even years after a case is closed. It may affect job offers, housing applications, educational goals, or professional licenses. But under state law, eligible records can be sealed or expunged—two separate processes that offer a second chance by limiting or removing public access to past charges.
Sealing hides the record from most background checks, while expungement deletes it entirely from state systems. Both options are outlined in Massachusetts General Laws Chapter 276, Sections 100A to 100U, and can help restore privacy and opportunity. This page explains the differences, eligibility rules, and how to take the next steps to clear your Massachusetts court records.
What’s the Difference Between Sealing and Expungement?
Court records are public documents that show how similar cases were resolved. They provide valuable details such as court rulings, filed motions, and outcomes. Massachusetts court records, in particular, offer insight into how disputes are handled across various courts, which can help you prepare if you’re facing a dispute. This guide explains what these disputes entail and how to locate and utilize these records to understand your legal options better.
Sealing vs. Expungement in Massachusetts Court Records
When people search Massachusetts court records, a common concern is how a past criminal case might affect their future. Two legal options—sealing and expungement—can limit or erase public access to those records, but the outcomes are not the same.
Knowing the difference between these two can help someone decide what step may be right, depending on their situation. Below is a breakdown of what each process does and how it affects employment, housing, immigration, and more.
What Does Sealing Mean?
Sealing a record means the case file still exists, but it’s hidden from most public access.
If your record is sealed:
- The public, including employers and landlords, cannot view it through standard background checks.
- Certain government agencies—such as law enforcement and immigration officials—can still access the record.
- You are legally allowed to say you have “no record” in most job applications.
Common Cases That May Be Eligible for Sealing:
- Dismissals or not guilty verdicts
- Certain misdemeanor or felony convictions after a waiting period (typically 3 years for misdemeanors and 7 years for felonies after the case ends)
Benefits of Sealing:
- More privacy when applying for jobs or housing
- Reduced stigma from past criminal charges
- No need to disclose the case in most circumstances
However, sealing does not erase the record. It still exists and can be unsealed in some rare situations, like applying for certain public jobs or licenses.
What Is Expungement?
Expungement means the record is erased completely—as if it never existed.
If a record is expunged:
- It is removed from court records, law enforcement databases, and public systems.
- It cannot be used by employers, schools, or licensing boards.
- Even state agencies like the police and prosecutors lose access to it.
You can legally and truthfully state that the case never happened in any context.
Cases That May Qualify for Expungement in Massachusetts:
- Arrests or charges based on mistaken identity or law enforcement error
- Decriminalized offenses (like marijuana possession under 1 oz)
- Offenses committed before age 21 in certain circumstances
- Certain non-convictions or charges dismissed without probation
Limitations:
- Expungement laws in Massachusetts are very specific.
- It is not available for most convictions, especially serious crimes.
Legal Impact Comparison
| Category | Sealing | Expungement |
|---|---|---|
| Public Access | Hidden from most background checks | Completely removed |
| Law Enforcement | Still visible to police and courts | No longer accessible |
| Immigration | May still be reviewed by USCIS | May not show up at all |
| Employment | Can say “no record” in most cases | Can say case never happened |
| Housing | Landlords cannot view sealed cases | Expunged cases fully erased |
| Firearm License | May still be denied | Depends on full clearance |
How Long Does It Take?
- Sealing: Once eligible, filing can be done directly or through the court. Processing takes a few weeks to a few months.
- Expungement: The process can be longer and may require more detailed documentation, including court petitions, proof of error, and legal paperwork. Approval is not guaranteed.
Cost to File
- Sealing: There is no filing fee if the case was dismissed or ended in your favor. For conviction cases, help from a lawyer may cost between $300 to $1,000, depending on complexity.
- Expungement: No court fee to file, but attorney fees may range from $500 to $1,500+, depending on documentation and legal argument needed.
As of July 2025, both services can be started by mailing forms to the Commissioner of Probation or by filing directly in the court where the case was handled.
What’s the Difference Between Sealing and Expungement?
If you’re checking Massachusetts court records and come across a past criminal charge, you might wonder whether sealing or expungement could help. Both are legal tools that can limit the public’s access to your record—but they’re not the same. Here’s a clear explanation of each and how they can affect your future.
Sealing: Hides the Record from Public View
Sealing a record in Massachusetts means it’s no longer visible to the public, including most employers, landlords, and private background check services. The record still exists, but access is limited to certain state agencies, law enforcement, and courts in specific situations.
Who Can Still See a Sealed Record?
- Massachusetts criminal justice agencies
- Law enforcement (for future charges or investigations)
- Certain professional licensing boards (such as those for childcare or elder care)
Sealing a record doesn’t erase it—it simply makes it harder to find. That can still make a difference when applying for most jobs or housing.
Impacts on Your Life After Sealing
- You can legally say you have no criminal record when applying for most jobs.
- Sealed records are not visible on CORI checks provided to most employers.
- Immigration processes may still consider the sealed case, depending on federal law.
- State licensing agencies might still review the sealed record, depending on the license.
Expungement: Completely Erases the Record
Expungement removes the criminal record entirely from both public and government systems. If a record is expunged, it’s as if the offense never happened, even for law enforcement and court purposes.
Who Can See an Expunged Record?
No one—not employers, courts, law enforcement, or agencies. It is fully deleted from Massachusetts systems.
Benefits of Expungement
- The record is fully erased from databases.
- You don’t have to disclose it, even for government jobs.
- Federal background checks will not reflect the charge.
- Immigration reviews won’t see the case if expungement is granted.
Eligibility is Stricter for Expungement
Massachusetts limits expungement to certain situations. These include mistaken identity, court errors, or cases involving outdated laws. For most other offenses, sealing is the more likely path.
When You Should Seal vs. Expunge
Knowing when to use each option can help you regain peace of mind and move forward.
1. After Enough Time Has Passed
If years have passed since your conviction or case closed, sealing might be an option. Massachusetts allows sealing for:
- Misdemeanors: 3 years after the case ends
- Felonies: 7 years after the case ends
This timeframe starts once you’ve completed probation, paid fines, or finished your sentence.
2. If You Were Misidentified
If someone else used your name during an arrest or court appearance, you may qualify for full expungement. This corrects your record completely.
Example: If you were charged due to mistaken identity or a police error, you can file to have the record wiped clean.
3. For First-Time Offenders
You may have a chance at sealing or expungement if:
- You had no prior criminal history
- The case involved a minor, non-violent offense
- You were under 21 at the time of the offense (in some cases)
Massachusetts laws offer more flexibility to younger people or those with clean records.
4. When the Court Made a Mistake or Dismissed the Case
If the court dismissed your case, or if you were found not guilty, you can usually seal your record right away. If the case was based on a legal mistake, expungement may be an option instead.
Examples:
- Charges dropped due to lack of evidence
- Arrest without a filed complaint
- Clerical error in the case
Who Is Eligible to Seal or Expunge a Record in Massachusetts?
Many people with a criminal record in Massachusetts want a second chance — and sealing or expunging a record may help. Whether you’re applying for a job, housing, or school, removing records from public access can be a major relief. But not everyone qualifies, and the process depends on several key factors.
This section covers who is eligible to seal or expunge a criminal record in Massachusetts, based on current state laws. We’ll break it down by time-based rules, specific exceptions, and the differences between automatic and petition-based actions.
Time-Based Eligibility Rules
Massachusetts laws set specific waiting periods before someone can request to seal their criminal record. These waiting periods start from the date of the last court appearance, probation, or sentence — whichever came last.
Misdemeanors
You can request to seal misdemeanor records three years after your last conviction or release from supervision. This applies to most low-level charges, such as shoplifting or disorderly conduct.
Felonies
Felony offenses can be sealed seven years after the final court action or end of probation. These include more serious charges like theft over $1,200, some drug offenses, and assault.
Sex Offenses
Sex-related charges are treated more seriously. To seal these records, you must wait 15 years, and only after removal from the Sex Offender Registry (if required). You must also have no additional criminal charges in that time.
These timelines only apply if there are no new offenses during the waiting period. If you’re charged again, the clock resets.
Non-Time-Based Expungement Criteria
Some people qualify for expungement instead of sealing. Expungement erases the record — unlike sealing, which hides it from public view but keeps it available to some government agencies.
Massachusetts allows for expungement in certain special situations. These are not based on waiting periods but on the nature of the case or legal errors.
Juvenile Offenses
In some cases, juvenile records may be expunged if they meet specific requirements. For example, if the offense is no longer considered a crime or happened before a certain age.
Identity Theft Victims
If someone used your name during their arrest or criminal case — and you were wrongly charged or convicted — you can request full expungement. You’ll need official evidence proving the error.
Court Errors
Mistakes in court, like clerical errors or legal process issues, may make you eligible for expungement. These must be documented and usually require support from legal counsel or court documentation.
Decriminalized Offenses
If your conviction was for something that is no longer a crime under current Massachusetts law (like certain marijuana offenses), you may be eligible to expunge it. This applies retroactively in many cases, especially for possession of less than 1 oz. of marijuana.
Each case under these non-time-based options must be reviewed individually, and approval is not guaranteed. Supporting documents and a petition are typically required.
Automatic vs. Petition-Based
There are two main methods by which records may be sealed or expunged in Massachusetts: automatic processing and petition-based requests.
Automatic Sealing
Some charges — like dismissed cases or not guilty verdicts — may be sealed automatically after a set period if no further action is taken. For example, most non-conviction records are sealed after a short time without needing a petition.
But not all cases qualify for this. And even when a case is sealed automatically, it’s helpful to check that it has actually been processed by the Department of Criminal Justice Information Services (DCJIS).
Petition-Based Sealing or Expungement
Many people need to file a formal petition with the court to have their record sealed or expunged. This is often the case for:
- Convictions that meet the time-based rules
- Non-conviction records you want to seal before automatic timelines
- Situations involving identity theft, clerical errors, or legal changes
To file, you’ll need to complete the correct form (such as a Petition to Seal or Expunge), gather supporting documentation, and sometimes attend a court hearing. The decision is up to the judge.
Massachusetts Criminal Record Sealing and Expungement Steps
If you’re looking to clear up your Massachusetts court records, sealing or expunging your criminal record can offer a clean slate. This process helps remove certain criminal charges from public view, improving your chances of getting a job, housing, or other opportunities. This section explains how to file an expungement or a sealing petition in Massachusetts—step by step.
Determine Eligibility
Before filling out any paperwork, it’s important to check if your record qualifies for sealing or expungement. The state offers two main options:
- Sealing a record: Hides the record from public view, but some government agencies can still access it.
- Expunging a record: Erases the record as if it never existed—available in limited situations.
You’ll need your CORI (Criminal Offender Record Information) report or court docket number. These documents list past charges and outcomes, which help you confirm:
- Type of offense (felony, misdemeanor, civil infraction)
- Date of final disposition
- Whether the charge was dismissed, not prosecuted, or resulted in a conviction
- If the record qualifies under a time-based waiting period, such as:
- 3 years for misdemeanors (from the last conviction or jail release)
- 7 years for felonies
- No waiting period for non-convictions (e.g., dismissed or not guilty)
Some crimes—like certain sex offenses or crimes involving firearms—may not be eligible.
Download and Complete the Right Form
Once you confirm eligibility, download the correct petition:
- Petition to Seal (Form CJ-D 404): For sealing adult criminal records.
- Request for Expungement (Form CJ-D 440 or 441):
- Use CJ-D 440 for time-based expungement.
- Use CJ-D 441 for wrongful offense or fraud-based expungement.
These forms are available on the Massachusetts government website or through your local courthouse.
What you’ll need to include:
- Completed form
- Copy of your CORI report or court docket sheet
- Any additional evidence (e.g., identity theft documentation, proof of mistaken identity)
Be sure to sign and date the form. Keep a copy for your records.
File with the Correct Office
Where you file depends on the type of request:
- Petition to Seal: File with the District Court, Boston Municipal Court, or Probation Department where the case was heard.
- Expungement request: File with the Office of the Commissioner of Probation, usually through the Department of Criminal Justice Information Services (DCJIS).
Filing methods:
- Mail: Send the documents to the appropriate court or agency with certified mail so you can track it.
- In-person: Hand-deliver to the clerk’s office or probation office. This may be faster and helps you confirm receipt.
Check with the court to confirm the correct filing address and whether appointments are needed.
Attend a Hearing (If Required)
Not all cases require a court hearing. But if yours does, you’ll receive a notice in the mail with the date, time, and location.
When is a hearing required?
- If the District Attorney or law enforcement objects to the request
- For certain felonies or expungements with contested facts
- If the judge wants more details before making a decision
What happens in the hearing?
- A judge will review your request and ask questions
- You may be asked to explain your rehabilitation, job history, or community involvement
- You can bring an attorney, but legal help is not required
Dress appropriately and bring all supporting documents with you.
Step 5 – Wait for the Final Decision
After filing or attending a hearing, you’ll get a letter with the decision.
How long does it take?
- Sealing requests are usually processed within 4 to 8 weeks
- Expungement decisions may take longer—up to 90 days or more, especially if a hearing is involved
If your request is approved:
- The record will be updated in the CORI system
- Employers and most agencies will no longer see the sealed/expunged offense
- You can legally answer “no” to criminal record questions in most situations
If your request is denied:
- The letter will explain the reason
- You may appeal or reapply later if circumstances change
Why Sealing or Expungement Matters
Clearing your Massachusetts court records gives you more freedom and privacy. It reduces barriers when applying for jobs, housing, or loans. While the process may seem paperwork-heavy, it can lead to long-term benefits in your personal and professional life.
Need help?
You can contact:
- Court Service Centers in Massachusetts for free legal help
- Greater Boston Legal Services or Community Legal Aid for low-income support
- Mass Legal Help (www.masslegalhelp.org) for forms, checklists, and more information
Offenses That Can and Cannot Be Sealed or Expunged in Massachusetts
Massachusetts court records are often a source of concern for people looking to move on from past mistakes. Whether you’re trying to apply for a job, rent an apartment, or simply clear your name, it helps to understand what kinds of criminal records can be sealed or expunged—and which ones can’t. Massachusetts Criminal Court Records play a central role in this process, as they determine what information remains accessible to the public. While some offenses qualify for relief, others are permanently part of your criminal history.
Here’s a clear breakdown of which offenses in Massachusetts may be sealed or expunged, and what limitations apply.
Offenses That Can Be Sealed
Massachusetts allows certain offenses to be sealed after a waiting period. This means the records won’t be visible in most background checks. However, sealed records still exist and may be available to specific agencies under certain circumstances.
Misdemeanors
Most misdemeanors are eligible to be sealed after three years from the date of disposition (or from the release from incarceration, whichever is later). Common examples include disorderly conduct, shoplifting, and driving offenses.
Older Felonies
Some felony convictions may also be sealed, usually after seven years. These often include non-violent crimes such as larceny or drug possession. The key requirement is that there must be no additional criminal convictions during the waiting period.
First-Time Drug Cases
Massachusetts law supports sealing of first-time drug possession offenses, especially if the individual successfully completes probation or a diversion program. These records may be sealed sooner than other offenses.
Non-Convictions
If charges were dismissed, dropped, or ended in a not guilty verdict, they can usually be sealed right away. You don’t need to wait years to request sealing in these situations. This also includes cases where no complaint was ever filed.
Offenses That Can’t Be Sealed
Certain serious offenses cannot be sealed, even after many years. These remain accessible through Massachusetts court records for life and may continue to impact employment, housing, and other areas.
Crimes Involving Weapons, Sex, or Violence
Offenses that involve firearms, sexual assault, or violent acts like aggravated assault or murder are excluded from sealing. These crimes are seen as high risk and are kept accessible to law enforcement and other agencies.
Certain CORI-Disqualifying Offenses
The state’s Criminal Offender Record Information (CORI) system classifies some crimes as permanently disqualifying. Examples include offenses against children, serious drug trafficking, and repeat violent felonies. These records are not eligible for sealing under current Massachusetts law.
Offenses That Can Be Expunged
Expungement is a more powerful legal remedy than sealing. It permanently deletes the record, as if it never existed. However, Massachusetts is strict about when expungement is allowed.
Identity Theft or Decriminalized Offenses
If someone used your name illegally, and you were mistakenly charged, those records can be expunged once identity fraud is proven. Also, if a law changes and an act becomes decriminalized—like small amounts of marijuana possession—those old convictions may be erased.
Juvenile Records
Some juvenile offenses qualify for expungement, especially for minor, non-violent crimes. The offender must meet age requirements and not have further criminal issues since the incident.
Dismissed or Non-Filed Charges with Valid Cause
If charges were dismissed due to a legal error, fraud, or law enforcement misconduct, the court may allow expungement. You must typically show documentation that supports the request, such as a ruling or official investigation outcome.
Quick Reference – Record Sealing & Expungement in MA (as of July 2025):
| Type of Record | Eligible for Sealing | Eligible for Expungement | Waiting Period |
|---|---|---|---|
| Misdemeanor (non-violent) | ✅ Yes | ❌ Rare | 3 years |
| Felony (non-violent) | ✅ Yes | ❌ Rare | 7 years |
| First-time drug possession | ✅ Yes | ❌ Rare | Case-specific |
| Non-convictions | ✅ Yes | ✅ Yes (in some cases) | None |
| Juvenile offenses | ✅ Yes | ✅ Yes (some cases) | Case-specific |
| Identity fraud-related | ❌ Not needed | ✅ Yes | Proof needed |
| Decriminalized offenses | ❌ Not needed | ✅ Yes | Law changed |
| Violent/sex/weapons crimes | ❌ No | ❌ No | N/A |
| CORI-barred offenses | ❌ No | ❌ No | N/A |
For more information about your options, visit mass.gov/sealing-expungement or contact your local courthouse.
How Sealing and Expungement Affect Background Checks
When it comes to Massachusetts court records, people often wonder how sealing or expunging a record impacts what others can see—especially employers, landlords, or state agencies. Understanding who can access these records after sealing or expungement helps people make more informed decisions about their rights and future.
What CORI Access Levels Mean
In Massachusetts, access to criminal records is governed by the Criminal Offender Record Information (CORI) system. The state uses three access levels to determine who can view what:
- Level 1 (Standard Public Access)
Most members of the public, including landlords and many employers, fall under this level. They can only view convictions for certain offenses—typically felonies within 10 years and misdemeanors within 5 years. If a case has been sealed, it will no longer appear in their search results. - Level 2 (Higher-Risk Employment)
This level includes organizations working with vulnerable populations—like schools, daycare centers, and assisted living facilities. They can access more detailed histories, but sealed records still remain hidden. Expunged records are also fully removed from their view. - Level 3 (Law Enforcement & Courts)
Police departments, probation officers, and judges have the highest level of access. They can still see sealed records for investigative or judicial purposes. However, expunged records are not available at all—even to them.
Who Can Still See Sealed Records?
Sealing a record in Massachusetts hides it from most standard CORI checks, but a few entities still retain visibility. These include:
- Police and other law enforcement
- Probation departments
- State prosecutors
- Court officials
This visibility helps law enforcement evaluate risks or patterns when dealing with suspects or repeat offenses. Still, for the average employer or landlord, a sealed record is essentially invisible during background checks.
Expunged Records Are Not Accessible
An expunged criminal record is completely erased from the public and official systems. It’s as if the event never occurred. Once a record is expunged:
- It no longer appears in CORI.
- Law enforcement cannot retrieve it.
- It won’t show up in employment or housing screenings.
- The individual has the legal right to say they have no record.
The law went into effect in October 2018 and allows for expungement of certain offenses—mostly those that happened before the person turned 21 or were based on errors or fraud.
What Employers, Landlords, and Licensing Boards Can See
In Massachusetts, most employers and landlords can only view non-sealed records. Sealed cases are hidden from standard background checks, and expunged records are completely removed. Licensing boards may see more details, but even they cannot access expunged records.
Employers
Most private employers only have Level 1 CORI access. If a record is sealed or expunged, it won’t appear in their reports. Massachusetts law also prohibits employers from asking applicants to disclose sealed or expunged records.
Landlords
Landlords can only view records that appear under Level 1 access. Sealed and expunged cases are not visible. This protects applicants from being denied housing based on old or minor incidents.
Licensing Boards
Boards that issue professional licenses (nursing, real estate, law, etc.) may have enhanced CORI access. While they can sometimes see more than standard employers, sealed records are still limited. Expunged records are entirely out of reach.
Rights After Sealing or Expunging Your Record
Once your Massachusetts court records are sealed or expunged, your legal rights improve significantly. Many of the barriers that come with having a criminal record are removed, giving you a better chance to move forward. Here’s what that means for you in real terms:
You Can Say “No Record” on Most Job Applications
If your record is sealed or expunged, you’re allowed to legally answer “no” when asked if you’ve been convicted of a crime on most job applications. This applies to both private and many public employers in Massachusetts. That one change can make a big difference in job interviews, allowing you to compete fairly.
Landlords, licensing agencies, and educational institutions also cannot see sealed records in most cases. Expunged records are permanently removed and treated as if they never existed. That means you don’t need to explain or disclose anything related to those cases.
Employers Are Barred from Asking About Sealed Convictions
Massachusetts law protects you from being questioned about sealed cases during interviews or background checks. Employers cannot legally ask about sealed offenses, and they’re prohibited from discriminating against applicants based on sealed records.
This means:
- You don’t have to bring up sealed charges.
- If an employer learns about a sealed case, they cannot use it against you.
- Any attempt to pressure you into discussing it is against state law.
If an employer does ask, you can simply state that you have no record available for discussion.
Civil Rights Are Not Affected by Sealing
Sealing or expunging your record does not take away your civil rights. You can still:
- Vote in local, state, and federal elections.
- Serve on a jury (unless otherwise disqualified for separate reasons).
- Hold public office if otherwise eligible.
Expungement can sometimes help restore rights that were suspended due to a past conviction, but sealing has no effect on civil rights because those rights are not removed in the first place.
What You Gain with a Clean Slate
- Better chances at employment, especially in competitive fields like healthcare, education, or finance.
- Fewer rental application denials.
- Improved reputation and peace of mind.
- Less stress during background checks.
Having your Massachusetts court records sealed or expunged offers more than legal protection—it helps you reclaim control of your future. You’re not defined by a mistake forever, and the law gives you a chance to reset.
Massachusetts Court Records: Common Mistakes to Avoid
How to access or fix issues with Massachusetts Court Records can be confusing if you’re not familiar with the process. Many people make simple errors that can delay results or even get their request denied. Below are some of the most common mistakes—along with tips on how to avoid them.
Filing the Wrong Form or Choosing the Wrong Court
One of the most frequent problems is submitting a request to the wrong court or using the wrong form. Massachusetts has different forms for sealing and expunging records, depending on the type of offense, the outcome of the case, and how much time has passed.
What to watch for:
- Each form has specific criteria. For example, sealing a dismissed charge uses a different form than expunging a juvenile offense.
- Sending a request to a court that doesn’t have jurisdiction can lead to automatic rejection.
Not Including a Required CORI (Criminal Offender Record Information)
Many requests are incomplete because they do not include a CORI report. This report is usually required when sealing records. Without it, the court has no way of verifying what’s on your record.
Why it matters:
- Your CORI helps show that your record qualifies under the sealing law.
- It’s considered an official part of your request packet.
Tip: You can get a copy of your CORI for $25 through the Department of Criminal Justice Information Services (DCJIS). Fee waivers may be available if you qualify.
Expecting Immediate Results
Another issue is expecting the court to process your request right away. It doesn’t work like that. Even if your paperwork is perfect, it can take several weeks—or longer—for the court to review your case.
Reality check:
- Most sealing or expungement requests take 4–12 weeks to be fully reviewed.
- Some require a hearing, which adds time to the process.
Mixing Up Sealing and Expungement
Many people confuse these two terms, thinking they mean the same thing. They don’t.
Quick breakdown:
- Sealing hides your record from most employers, but law enforcement and the courts can still access it.
- Expungement removes the record completely from public view and official files.
Problem: If you file for expungement when only sealing is allowed, your request will be denied.
Tip: Make sure your offense is eligible for expungement. Most adult criminal cases are not.
Trying to Expunge Ineligible Charges
Not every record can be erased. In Massachusetts, expungement is limited to very specific situations. For example, cases involving mistaken identity, identity theft, or certain decriminalized offenses (like old marijuana charges) may qualify.
Don’t waste time:
- Felony convictions, most adult offenses, and some dismissed charges cannot be expunged under current laws.
- Filing for ineligible cases leads to wasted time and money.
Frequently Asked Questions (FAQ)
When it comes to Massachusetts court records, many people have questions about sealing, expungement, eligibility, and the legal process. Below are answers to the most common concerns people face when trying to clear or manage their criminal history. This section helps you understand your options and what steps may apply to your situation.
Can I seal a felony conviction in Massachusetts?
Yes, some felony convictions can be sealed in Massachusetts, but only after a waiting period. For most felonies, you must wait 7 years after completing your sentence, including any parole or probation. During that time, you must avoid new criminal charges. Once sealed, the conviction won’t appear on most background checks, and you can legally say you have no record in most cases.
Note: Not all felonies are eligible for sealing. Offenses such as certain violent crimes or sex offenses may not qualify.
What is the waiting period for sealing a misdemeanor?
The waiting period for sealing a misdemeanor in Massachusetts is 3 years from the end of your sentence. That includes jail time, parole, and probation. During that time, you cannot be convicted of any new crime.
Sealing a record helps keep it from public view and offers better privacy. However, police and some government agencies may still access sealed records under specific circumstances.
What’s the difference between sealing and expunging a dismissed case?
Sealing a dismissed case means it’s hidden from public access, but the record still exists in the legal system. Police and certain state agencies may still see it.
Expungement, on the other hand, removes the record entirely as if it never happened. It is more limited and only allowed in specific situations, such as:
- Cases involving mistaken identity
- Errors by law enforcement or the court
- Certain juvenile offenses
A dismissed case may be eligible for sealing right away, while expungement requires meeting stricter criteria.
Do I need a lawyer to file for expungement?
No, a lawyer is not required. You can file for expungement yourself by submitting the appropriate petition to the court. Massachusetts provides forms and instructions online or through the courthouse.
Still, the process can be detailed. If your case is complex or you’re unsure about eligibility, getting legal advice may help you avoid delays or rejections.
Can I expunge juvenile offenses?
Yes, some juvenile offenses are eligible for expungement. Massachusetts allows expungement if the offense:
- Happened before your 21st birthday
- Falls under specific criteria (like being decriminalized or no longer an offense)
- Was the result of law enforcement or court errors
If granted, the record is deleted from all official databases. There’s no waiting period for certain cases, but you must meet the legal requirements fully.
