Boston Lawyer BlogProposed legislation would automatically seal eligible criminal records in Massachusetts
A group of Massachusetts lawmakers has introduced a bill this year that would require automatic sealing of many criminal records after specified waiting periods have passed from the end of the defendant’s sentence. The waiting periods have been part of the Commonwealth’s sealing laws for many years and, as we have previously written, were last amended in 2018, when they were reduced to seven years for a felony record and three years for a misdemeanor or delinquency record, provided the defendant has no subsequent convictions (sex offenses cannot be sealed for fifteen years or while the defendant remains required to register as a sex offender). But although the 2018 reforms made sealing more accessible, one estimate puts the number of applications for sealing at only ten percent of the total number of eligible defendants. The new legislation aims to dramatically increase the number of sealed records by eliminating the current petitioning process and automatically sealing records after the waiting period.
Sealing a criminal record can be an important step in allowing former criminal defendants to access to jobs, housing, and other opportunities that are not available to people with a criminal record. After a record is sealed, it doesn’t appear on the version of the defendant’s CORI that an employer or housing provider would receive, but it remains available to courts and various state and federal agencies including law enforcement and child services.
Under current Massachusetts law, former defendants whose records have passed the waiting period need to file a petition to the Probation Department to start the sealing process. The petition is free, but the defendant needs to know that they are eligible for sealing and submit the form, which includes identifying the correct statutory provision and attesting that the statute’s requirements are met. Some people’s records might also be more complex, such as those with a mix of eligible and non-eligible charges, which creates the added complexity of requiring a separate petition to the court that issued the charges. A separate petition is usually required if the defendant seeks to seal a record of a dismissed or dropped charge before the end of the waiting period (a process known as discretionary sealing).
The proposed legislation, introduced in both the House and Senate, would update the current sealing statutes in a few different ways. To make it easier for defendants to know when their record will be eligible to be sealed, the bill would require Probation, at time of the conviction or other disposition, to provide all defendants with notice that the offense may be automatically sealed in the future, a brief summary of the sealing law, and a list of resources related to sealing of records. It would also require CORI reports to include the person’s date of release from custody, and that the department of correction report monthly on who was released that month and on what date.
To automate the sealing process, the bill specifies that a person is not required to file a petition to seal eligible records after the waiting period, unless their record includes a sex offense, which would still require a petition to Probation. Probation would automatically seal the records within thirty days of when the defendant’s record becomes eligible. The bill would further require Probation to seal all records that are already eligible for sealing because the required waiting period has expired, and to take that step within three months of the new law taking effect. Under the bill, a person with a marijuana possession record could also petition to have it sealed earlier than the waiting period.
There is no guarantee that the Legislature will pass the bill: similar legislation proposed in 2021 and 2023 was never enacted. However, this year’s push is led by a coalition of lawmakers and advocates who are highlighting the benefits of automatic sealing in helping former defendants secure housing and employment and in promoting business growth and community development. With that coalition’s support, the Legislature should move the bill over the finish line in this legislative session.
If you are facing criminal charges, or know someone who is, fill out our online intake form or call us at (617) 742-6020 to be connected with one of our criminal defense lawyers.
