Massachusetts sealing and expungement: how M.G.L. c. 276 §§100A-100U actually works after the 2018 Criminal Justice Reform Act

Massachusetts maintains two distinct frameworks for criminal record relief that operate on fundamentally different principles. c. 276 §§100A-100D](https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100A) restricts access to records but doesn't destroy them (the records continue to exist for law enforcement and certain other entities). c. 276 §§100E-100U](https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100E) permanently destroys records, eliminating the criminal history "as if it never existed." The frameworks differ substantially in eligibility criteria, procedural requirements, and substantive effect. Most Massachusetts criminal record relief proceeds through sealing rather than expungement because expungement requirements are narrower, but the 2018 Criminal Justice Reform Act expanded both frameworks.

The April 2018 Criminal Justice Reform Act represented the most overhaul of Massachusetts criminal record relief in decades. The reform shortened sealing waiting periods from 5 to 3 years for misdemeanors and from 10 to 7 years for felonies. The reform created statutory expungement (under §§100E-100U) where previously expungement was only a judicially-crafted remedy in extraordinary cases. The reform also directed the Department of State Police to direct the FBI to seal or expunge fingerprint database records corresponding to sealed or expunged Massachusetts records, addressing the long-standing problem of fingerprint-based background checks defeating Massachusetts sealing/expungement. The 2018 changes expanded both the accessibility of sealing and the availability of expungement.

The CORI (Criminal Offender Record Information) system is the backbone of Massachusetts criminal records administration. CORI reports include adult Massachusetts open cases, convictions, and non-conviction dispositions (acquittals, dismissed cases, nolle prossed cases, CWOFs). When records are sealed under §100A, they're removed from public CORI access but remain accessible to:

When records are expunged under §§100E-100U, they're permanently destroyed and inaccessible even to most government entities.

This is how the Massachusetts framework actually works under M.G.L. c. 276 §§100A-100U post-2018 reforms, the distinction between sealing and expungement frameworks, the procedural sequences through the Massachusetts Probation Service, the specific grounds for expungement (time-based versus non-time-based), and the strategic considerations for Massachusetts residents seeking record relief.

What is the difference between sealing and expungement in Massachusetts?

Massachusetts provides two distinct forms of criminal record relief. Sealing under §§100A-100D restricts public access to records but preserves them for law enforcement use. Expungement under §§100E-100U permanently destroys records from all databases. Sealing is more widely available, while expungement offers more comprehensive relief but has narrower eligibility criteria.

Understanding the difference between sealing and expungement is critical:

The substantive effect difference is Sealed records can still be discovered through certain channels (private background checks using courthouse direct queries before the 2018 reform required courts to seal their records too). Expunged records cannot be discovered through any legitimate channel.

How does sealing work under M.G.L. c. 276 §§100A-100C?

Massachusetts sealing restricts public access to criminal records through the Probation Service. Administrative sealing under §100A covers convictions with waiting periods of 3 years for misdemeanors and 7 years for felonies. Non-conviction sealing under §100C requires a court petition. Sealing is free, requires no hearing for most convictions, and allows individuals to legally deny having a record.

The sealing framework is the most commonly used Massachusetts criminal record relief:

Administrative sealing under §100A (convictions)

The most accessible sealing pathway is administrative sealing of convictions:

• Misdemeanor conviction: 3 years from sentence completion (reduced from 5 years pre-2018)

• Felony conviction: 7 years from sentence completion (reduced from 10 years pre-2018)

• Sex offense conviction: 15 years from sentence completion

• No new convictions during waiting period

• Person not currently subject to sex offender registration (for some offenses)

• File petition with Massachusetts Probation Service (Commissioner of Probation)

• No court hearing typically required

• Probation Service reviews and processes

• Decision letter mailed indicating sealed charges and date to resubmit for any charges not yet eligible

The administrative framework is designed for efficient processing of most conviction sealing cases.

Continuance Without a Finding (CWOF) sealing. Cases where defendant admitted to sufficient facts and received CWOF with probation:

• Can be sealed under §100A after waiting periods
• Sealing may also be available under §100C if "good cause" standard met (typically immediate sealing upon successful completion)

Sealing under §100C (non-convictions)

• Nolle prosequi (prosecution declined to proceed)
• No bill (grand jury declined to indict)

Mandatory sealing for not guilty verdicts. Per Commonwealth v. J.F., 491 Mass. 824 (2023), not guilty verdicts must be immediately sealed.

Discretionary sealing for other non-convictions. Court applies justice" standard. The 2018 reform expanded discretionary sealing to a broader class of non-convictions.

Court petition required. Unlike administrative sealing under §100A, §100C sealing requires court petition (not just Probation Service administrative process).

Sealing under §100B (juvenile)

Eligibility: Juvenile records subject to sealing after appropriate waiting periods and conditions.

Procedural framework: Petition to court with juvenile-specific procedures.

Substantive effect of sealing

• Criminal justice agencies (police, courts, prosecutors, corrections)
• Child protective agencies (DCF for child welfare matters)
• Federal government (for security clearance and similar)
• Federally-funded programs (for specific authorized purposes)

Right to deny record. After sealing, person can answer "no record" or "no" to questions about criminal history in most contexts. Employers asking about sealed records (and using them in employment decisions) violate Massachusetts law.

2018 reform: courts must seal their records too. Pre-2018, private background check companies could obtain unsealed court records directly. The 2018 reform requires courts to seal their records corresponding to sealed CORI records. When sealed record requests are made to courts, the response is "no record."

FBI fingerprint records. Per 2018 reform effective July 1, 2019, Massachusetts directs FBI to seal records in the Interstate Identification Index corresponding to sealed Massachusetts records. The provision addresses the historical workaround where fingerprint-based federal background checks revealed records sealed in Massachusetts.

How does expungement work under M.G.L. c. 276 §§100E-100U?

Massachusetts expungement permanently destroys criminal records from all databases, including law enforcement and FBI fingerprint systems. Time-based expungement under §§100F-100J applies to offenses committed before age 21, with waiting periods of 3 or 7 years. Non-time-based expungement under §100K covers stolen identity cases, serious procedural errors, and decriminalized offenses.

The expungement framework provides more relief but with narrower eligibility:

Time-based expungement under §§100F-100J

• Offense committed before petitioner's 21st birthday

• Misdemeanor: 3 years since case completion

• Felony: 7 years since case completion

• No other criminal court appearances or dispositions (except minor motor vehicle offenses with maximum $50 fine)

• Not more than 2 records eligible for expungement (multiple charges from same incident count as single record)

• Offense not in excluded categories under §100I

• Offenses against elderly or disabled persons

• Various other specifically excluded offenses

• Petition filed with Massachusetts Probation Service

• Eligible petitions forwarded to court

• Non-evidentiary hearing before judge

• "Best interests of justice" standard applied

• DA may object; if objection, contested hearing

• If no objection, court decides based on interests of justice

Non-time-based expungement under §100K

• Stolen identity / unauthorized identity use. Records arising from theft of identity or unauthorized use of identity.
• Serious error in case. Records arising from misidentification or other serious procedural error.
• Offense no longer a crime (decriminalization). Records for offenses that have been decriminalized, like simple marijuana possession after Massachusetts cannabis decriminalization.

Standard: Clear and convincing evidence that case resulted from one of the specified grounds.

Marijuana decriminalization expungement. The marijuana decriminalization grounds have been expanded by:

• Clear and convincing evidence burden on petitioner
• Court grants expungement if grounds established

Substantive effect of expungement

Expungement under §§100E-100U is substantially more comprehensive than sealing:

Records destroyed. Per §100Q, records expunged under §§100F, 100G, 100H, or 100K "may not be inspected in any form and by any person." The records are permanently destroyed across:

No record exists. After expungement, the person legally has no record of the expunged offense. The person can truthfully state they were never arrested or charged for the expunged offense.

FBI fingerprint records. Per 2018 reform effective July 1, 2019, Massachusetts directs FBI to expunge corresponding records in the Interstate Identification Index. The provision ensures expungement extends to federal fingerprint records.

Limited exceptions. Even expungement has some limited exceptions:

• Records may exist in non-Massachusetts databases that aren't subject to Massachusetts orders
• Federal immigration consequences may persist for non-citizens
• Records sometimes retained for specific authorized purposes

What did the 2018 Criminal Justice Reform Act change?

The April 2018 Criminal Justice Reform Act shortened sealing waiting periods (misdemeanors from 5 to 3 years, felonies from 10 to 7 years), created statutory expungement under §§100E-100U, required courts to seal their records alongside CORI records, directed FBI fingerprint database coordination, and prohibited employers from requesting sealed or expunged record information.

Shortened sealing waiting periods. Misdemeanor sealing: 5 years → 3 years.

Created statutory expungement. Pre-2018, expungement was a "judicially-crafted" remedy only in extraordinary cases. The 2018 reform created statutory framework under §§100E-100U providing clear procedural framework and grounds.

Employer prohibition. Per the 2018 reform, employers are prohibited from requesting information about sealed or expunged records. The provision provides enforceable protection beyond just the practical effect of restricted access.

Court records sealing. Pre-2018, private background check companies could obtain unsealed court records directly even after CORI sealing. The 2018 reform requires courts to seal their records too, eliminating the workaround.

FBI fingerprint coordination. The reform directed Department of State Police to direct FBI to seal/expunge fingerprint database records (effective July 1, 2019). The provision addresses the long-standing federal fingerprint database issue.

Marijuana decriminalization framework. The 2018 reform and subsequent legislation expanded marijuana expungement availability, recognizing that previously-criminalized conduct now legal shouldn't continue to burden individuals through criminal records.

The cumulative effect of 2018 reforms expanded Massachusetts criminal record relief beyond the prior framework. Many people who would have been ineligible under prior law now qualify for sealing or expungement.

How does Massachusetts compare to other state expungement frameworks?

Massachusetts uses a dual framework of sealing and expungement, distinguishing it from states with single-pathway systems. Its 3-year misdemeanor and 7-year felony sealing periods, free administrative processing through the Probation Service, FBI fingerprint coordination, and no lifetime limit on sealings make it moderately accessible compared to other reformed state frameworks.

• Two separate frameworks (sealing and expungement) with different requirements
• Mass. Probation Service administrative processing (free, mail petition)
• Court records sealing under 2018 reform
• FBI fingerprint coordination (post-July 2019)
• Marijuana-specific expungement grounds (Commonwealth v. K.W. expansion)
• Best interests of justice standard for time-based expungement
• Clear and convincing evidence standard for non-time-based expungement
• No lifetime limit on number of sealings

What should you consider when pursuing Massachusetts record relief?

Massachusetts residents seeking record relief should first determine whether they qualify for sealing, expungement, or both. Administrative sealing under §100A is free and handles most conviction cases efficiently. Expungement provides more comprehensive relief but has narrower eligibility. Verifying CORI status, completing financial obligations, and understanding processing timelines are essential steps.

Choose between sealing and expungement based on eligibility. Sealing is more widely available but provides less relief. Most Massachusetts residents seeking record relief proceed through sealing.

Take advantage of post-2018 reduced waiting periods. Misdemeanor sealing requires only 3 years from sentence completion (down from 5). Felony sealing requires 7 years (down from 10). The reduced periods expanded accessibility.

Probation Service administrative sealing. Administrative sealing under §100A is free, doesn't require court hearing, and processes most conviction cases efficiently. Mail the petition and wait for the decision letter.

Consider non-conviction sealing under §100C. Dismissed cases, acquittals, nolle prossed cases, and similar non-convictions can be sealed but may require court petition (vs. administrative sealing for convictions).

Pursue expungement if grounds exist. If your case fits non-time-based expungement grounds (stolen identity, serious error, decriminalized offense), pursue expungement rather than just sealing.

Use time-based expungement for youthful offenses. Offenses committed before age 21 may qualify for time-based expungement after appropriate waiting periods. The youthful-offender expungement framework provides path to comprehensive relief for early-life mistakes.

Watch for marijuana decriminalization expungement. Marijuana-related convictions for conduct that is now legal may qualify for expungement under §100K.

Verify CORI status before petitioning. Obtain your CORI before filing sealing/expungement petitions. The CORI shows what records exist and what needs to be addressed. Multiple charges from same incident count as single record for expungement purposes.

Engage counsel for complex cases. Simple administrative sealing under §100A may be handled pro se.

Massachusetts sealing/expungement attorneys typically charge $1,000-$5,000 depending on complexity.

Address all financial obligations. Sealing/expungement typically requires completion of all sentence components including financial obligations (fines, restitution, court costs).

Don't overlook the no-new-conviction requirement. Both sealing and expungement require no new convictions during the waiting period.

Address private background check companies separately. Even with sealing/expungement, private background check companies may have outdated records. Direct communication with these companies, providing copies of sealing/expungement orders, may be necessary.

Understand the federal exception. Massachusetts sealing/expungement is state-level relief. Federal background checks (FBI, immigration, federal employment) may not be affected, though the 2018 reform's FBI fingerprint coordination provides some federal benefit.

Use the no-record-statement protection. After sealing or expungement, you can truthfully say you have "no record" or "no" for the specific offense in most employment, housing, and licensing contexts. The 2018 reform's employer prohibition provides additional protection.

Plan for the processing timeline. Administrative sealing typically takes 4-8 weeks. Court-petitioned sealing or expungement can take 3-6 months or longer if contested.

Watch for the FBI fingerprint coordination. Post-2018 reforms direct FBI fingerprint database updates. For sensitive employment requiring federal fingerprint background checks (childcare, healthcare, financial services), the federal coordination provides important benefit.

For Massachusetts residents whose criminal records affect current opportunities, the post-2018 framework provides substantial pathways to record relief. The combination of expanded sealing accessibility (reduced waiting periods, court records sealing requirement, employer prohibition), statutory expungement availability (time-based for youthful offenses, non-time-based for specific grounds), and FBI fingerprint creates substantial protection for individuals seeking to move past previous criminal The work for Massachusetts residents is in identifying the appropriate pathway (sealing vs. expungement), gathering required documentation, satisfying all sentence components including financial obligations, filing through the appropriate procedure (administrative or court), and verifying implementation across all relevant databases. For most Massachusetts residents with non-excluded offense histories, the framework provides meaningful relief that addresses the practical consequences of past convictions on employment, housing, professional licensing, and other opportunities.