Massachusetts Expungement

Massachusetts Record Sealing and Expungement: Navigating a Complex System

Massachusetts offers two separate remedies for people seeking to clear their criminal histories, and the distinction is fundamental. Sealing under M.G.L. c. 276, § 100A restricts who may access your record — employers outside of certain sensitive industries, landlords, and the general public can no longer see sealed records — but the physical record is preserved. Expungement under M.G.L. c. 276, §§ 100E through 100U goes further by ordering the actual destruction of the record. The expungement remedy is newer, narrower, and harder to qualify for: it is largely limited to offenses that occurred before a person's 21st birthday and to records that were created as a result of demonstrable errors or police or prosecutorial misconduct. For most adults seeking relief from a conviction that followed a regular prosecution, sealing is the more accessible and commonly pursued path. Our specialists evaluate both pathways and advise you on the realistic relief available given your specific history.

Quick Answer

Massachusetts allows expungement of eligible criminal records under M.G.L. c. 276, § 100A (Sealing); M.G.L. c. 276, §§ 100E-100U (Expungement). The typical timeframe is 4–9 months from filing to court order. Eligibility depends on conviction type, completion of sentence, and waiting period requirements. Fresh Start Expungement coordinates the filing process at a flat fee of $10,000 per record.

Who Qualifies in Massachusetts

Eligibility Requirements

Each case is evaluated individually. The criteria below reflect the general statutory requirements. Your case will be reviewed in detail before any filing.

  • For administrative sealing under M.G.L. c. 276, § 100A, you must satisfy the waiting period: three years from the date of your last conviction or release from incarceration for a misdemeanor, and seven years for a felony conviction, with the clock running from whichever is later.

  • All of your cases must be in closed status at the time you seek sealing — meaning you cannot currently be on probation, serving a sentence, or have any open criminal proceedings pending.

  • A conviction for any crime against public justice under M.G.L. c. 268 can never be sealed under § 100A, nor can certain enumerated sex offenses if you are or were ever registered as a Level 2 or Level 3 sex offender.

  • For petition-based expungement under §§ 100E-100U, the offenses you seek to expunge must have occurred before your 21st birthday, and at least seven years must have passed since completion of any sentence if the offense was a felony; three years if it was a misdemeanor.

  • The expungement statute limits relief to petitioners who have no more than two records in total; offenses arising from the same incident are counted as a single record for this purpose, giving you a degree of flexibility when multiple charges arose from one event.

  • Expungement is categorically unavailable for any offense that resulted in death or serious bodily injury, offenses committed with intent to cause death or serious bodily injury, and any offense committed while armed with a dangerous weapon — regardless of the offender's age at the time.

Important exceptions: Massachusetts law contains some of the strictest exclusions from sealing and expungement in the northeastern United States. Convictions for crimes against public justice under chapter 268 are permanently excluded from sealing. For the expungement remedy, the age-21 threshold means that any offense committed at age 21 or older is outside its scope entirely, leaving sealing as the only available relief for most adult convictions. Certain professional licensing boards in Massachusetts, including those governing healthcare, law, and financial services, retain access to sealed records and may require disclosure of sealed convictions in licensing applications. The administrative sealing process through the Commissioner of Probation does not automatically update all background check databases — employers using federal repositories may still see certain records until those systems are updated independently.

How It Works

The Massachusetts Process

1

We begin by ordering your complete Massachusetts criminal history through the Criminal Offender Record Information (CORI) system, carefully reviewing each entry to distinguish between sealable and non-sealable offenses and calculating whether the applicable waiting periods under § 100A or the expungement sections have been satisfied.

2

For administrative sealing, eligible cases can be sealed by submitting a completed sealing form directly to the Commissioner of Probation, who processes the application and updates the Probation Department's records; for petition-based expungement, we draft and file a court petition with supporting documentation, serve the District Attorney's office, and attend the hearing at which the court determines whether the legal standard for expungement is met.

3

After the sealing or expungement order becomes effective, we advise you on how Massachusetts law permits you to answer background check questions, including the important difference between what you may say on a standard employment application versus what must be disclosed to agencies that retain access to sealed records, such as law enforcement and certain licensed-profession boards.

Typical Timeframe

4–9 Months

Legal Reference

Governing Statute

The primary legal authority governing expungement in Massachusetts is M.G.L. c. 276, § 100A (Sealing); M.G.L. c. 276, §§ 100E-100U (Expungement). This page was last reviewed on January 15, 2025.

State laws change. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in Massachusetts for guidance specific to your case. Fresh Start Expungement provides document preparation services, not legal representation.

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About this service

Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.

Results disclosure

Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.

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