Expungement / Record Sealing Petition and Eligibility Memo — Massachusetts

Expungement / Record Sealing Petition and Eligibility Memo (MASSACHUSETTS)

Quick-Reference Summary

PART A — ELIGIBILITY MEMO

MEMORANDUM

TO: [CLIENT]
FROM: [ATTORNEY]
DATE: [__/__/____]
RE: Eligibility for Sealing or Expungement of Massachusetts Criminal Record
PRIVILEGED & CONFIDENTIAL — ATTORNEY-CLIENT COMMUNICATION / WORK PRODUCT

I. Executive Summary

Massachusetts offers three distinct post-disposition remedies: (i) administrative sealing under G.L. c. 276, § 100A; (ii) automatic or discretionary sealing under § 100C; and (iii) expungement under §§ 100E–100U. Time-based expungement proceeds under § 100F, § 100G, or § 100H and must satisfy §§ 100I–100J. Non-time-based expungement under § 100K is a separate court route that expressly operates notwithstanding §§ 100I–100J. Sealing restricts access but preserves the record; expungement permanently erases or destroys the covered Massachusetts record as defined in § 100E.

II. Governing Law

1. G.L. c. 276, § 100A — administrative sealing of conviction records by Commissioner of Probation. Misdemeanors: 3-year wait. Felonies (including § 209A and § 258E violations): 7-year wait. Sex offenses: 15-year wait (never if Level 2 or 3 classification). Subsequent dispositions of "not guilty," "dismissed for want of prosecution," "dismissed at request of complainant," "nol prossed," or "no bill" do not interrupt the running of the waiting period.
2. G.L. c. 276, § 100C — automatic sealing of not-guilty, no-bill, and no-probable-cause dispositions unless the defendant opts out; court-ordered sealing of dismissals and nolle prosequi entries under the Pon standard. A CWOF must first terminate in a dismissal before the discretionary-sealing route applies.
3. G.L. c. 276, §§ 100E–100U — expungement framework added by St. 2018, c. 69.
4. G.L. c. 276, §§ 100F–100H — separate time-based routes for delinquent/youthful-offender adjudications (§ 100F), convictions (§ 100G), and records without adjudication or conviction (§ 100H).
5. G.L. c. 276, §§ 100I–100J — time-based eligibility, record-history limits, age and elapsed-time requirements, active-investigation certification, and excluded offenses.
6. G.L. c. 276, § 100K — non-time-based expungement for false identification or identity misuse, conduct no longer criminal, specified errors, or fraud on the court; clear-and-convincing evidence and best interests of justice are required.
7. G.L. c. 276, § 100L — implementation of expungement orders and “no record exists” responses.
8. G.L. c. 276, § 100N — employment, public-agency, and professional-licensure effects of expunged records; it is not the hearing statute.
9. Commonwealth v. Pon, 469 Mass. 296 (2014) — sealing of non-conviction records requires showing of "good cause" balancing disadvantages of the record against the public's right to access.

III. Administrative Sealing (§ 100A) — Eligibility Checklist

PRACTICE NOTE: Confirm the disposition and incarceration/custody dates before calculating the § 100A period. The statute expressly includes incarceration or custody, while current official guidance summarizes the period as running from the later of the guilty finding or release from jail or prison. Do not import § 100I's separate, explicit probation rule into § 100A.

IV. Discretionary Sealing (§ 100C) — Pon Standard

For dismissals and nolle prosequi entries, the court applies the multifactor Pon analysis. A CWOF is not itself listed in § 100C; after successful completion results in a dismissal, the dismissal may be presented for discretionary sealing. District Court guidance allows denial without a hearing if the threshold showing is not met; if it is met, notice is posted for at least seven days and a hearing is held.

Pon factors (469 Mass. at 316):

(a) Disadvantages arising from the criminal record's availability;
(b) Evidence of rehabilitation;
(c) Other evidence that sealing would mitigate the disadvantages;
(d) Circumstances at the time of the offense affecting recidivism risk;
(e) Passage of time since the offense and its dismissal or nolle prosequi;
(f) The nature and reasons for the case's disposition.

PRACTICE NOTE: Attach a memorandum to the § 100C petition addressing each Pon factor, the client's affidavit, letters of support documenting rehabilitation, and proof of substance-abuse or mental-health treatment completion where relevant.

V. Time-Based Expungement (§§ 100F–100J) — Eligibility Checklist

A person may petition for time-based expungement if all of the following are satisfied:

(i) Age: The offense was committed before the applicant's 21st birthday;
(ii) Correct route: § 100F for delinquent/youthful-offender adjudication records, § 100G for conviction records, or § 100H for records without adjudication or conviction;
(iii) Limited target records: No more than two target records under the applicable section; multiple offenses arising from the same incident count as a single offense for that section;
(iv) Elapsed time: Every target offense, including any incarceration, custody, or probation, occurred at least 7 years before filing if any target record includes a felony, or at least 3 years before filing if all target records are misdemeanors;
(v) No other record history: Apart from qualifying minor motor-vehicle offenses and the target records, no other Massachusetts, out-of-state, federal, or United States-possession criminal or juvenile appearances or dispositions;
(vi) No active investigation: The petitioner certifies that, to the petitioner's knowledge, the petitioner is not currently the subject of an active criminal investigation;
(vii) No § 100J excluded offense (see Part A § VII below).

VI. Non-Time-Based Expungement (§ 100K) — Eligibility Categories

A person may petition for discretionary expungement, regardless of age at offense or elapsed time, where the record was created as a result of:

(a) False identification (the offense was committed by someone using applicant's identity);
(b) An offense that was criminal when the record was created but is no longer a crime, unless its elements remain criminal under a different designation;
(c) Demonstrable errors by law enforcement, civilian or expert witnesses, or court employees;
(d) Demonstrable fraud perpetrated upon the court.

Section 100K expressly applies notwithstanding §§ 100I and 100J. The court must find the statutory cause by clear and convincing evidence and must also determine that expungement is in the best interests of justice.

VII. Time-Based Expungement — Statutory Exclusions (§ 100J)

Section 100J bars expungement under §§ 100F, 100G, and 100H for the following categories; verify the exact charge against the full section:

(1) Operating Under the Influence of liquor or drugs (OUI);
(2) Offenses under G.L. c. 140, §§ 121–131Q, and offenses under G.L. c. 269, § 10(a)–(d) or § 10E;
(3) Any sex offense (whether or not involving a child) or sexually violent offense;
(4) Assault and battery on a household member (G.L. c. 265, § 13M);
(5) Violations of the protective-order provisions listed in § 100J(a)(12)–(16), including orders under chapters 209A and 258E;
(6) Any offense that resulted in death or serious bodily injury or was committed with the intent to cause death or serious bodily injury;
(7) Any offense committed while armed with a dangerous weapon;
(8) Any offense against an elderly person or person with a disability; and
(9) Any felony offense under G.L. c. 265.

PRACTICE NOTE: Do not apply § 100J mechanically to a § 100K petition. Section 100K expressly overrides §§ 100I–100J, but the petitioner must prove one of § 100K(a)'s causal grounds by clear and convincing evidence.

VIII. Expungement Procedure

Time-based (§§ 100F–100H): File PROB0002 with the Commissioner of Probation. For § 100F or § 100G, the Commissioner and District Attorney generally have 60-day statutory windows; for § 100H, the corresponding windows are 30 days. A timely District Attorney objection requires a hearing; without an objection, the court may approve without a hearing. The court exercises best-interests-of-justice discretion and enters written findings.

Non-time-based (§ 100K): File the separate Trial Court Petition for Expungement in the court where the case was heard and serve the prosecuting District Attorney on or before filing. The court holds a hearing if requested by the petitioner or District Attorney, applies the clear-and-convincing-evidence and best-interests standards, and enters written findings if expungement is ordered.

IX. Strategic Recommendation

[ATTORNEY MUST CUSTOMIZE — sample language follows.]

Based on the CORI review dated [__/__/____], the applicant's circumstances support the following sequenced approach:

1. [First] Administrative sealing under § 100A for the [misdemeanor / felony] conviction(s) dated [__/__/____] (the 3-/7-year waiting period has elapsed; no statutory disqualifier applies);
2. [Second] Discretionary sealing under § 100C for the [dismissal / nolle prosequi / dismissal entered after CWOF] dated [__/__/____] (good cause established under Pon);
3. [Third] Time-based expungement under § [100F / 100G / 100H] for [eligible record] (offense before age 21; target-record, history, elapsed-time, investigation, and § 100J requirements satisfied);
4. [OR] Non-time-based expungement under § 100K for [false-ID / decriminalized-conduct / specified-error / fraud-on-the-court ground].

PART B — PETITION TEMPLATES

B.1 — Petition to Seal Conviction Records (G.L. c. 276 § 100A)

Preparation workpaper only: transfer the information to the current official Petition to Seal form.

Filed with: Office of the Commissioner of Probation, One Ashburton Place, Boston, MA 02108

COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS PROBATION SERVICE
OFFICE OF THE COMMISSIONER OF PROBATION

PETITION TO SEAL CONVICTION RECORDS PURSUANT TO G.L. c. 276, § 100A

The petitioner respectfully states:

1. Petitioner was found guilty of the offense(s) listed below in the court(s) named below.

2. Conviction(s) sought to be sealed:

3. Eligibility:

☐ Each conviction sought to be sealed is a misdemeanor and at least three (3) years have passed since the later of the guilty finding or completion of any sentence of incarceration; OR

☐ Each conviction sought to be sealed is a felony and at least seven (7) years have passed since the later of the guilty finding or completion of any sentence of incarceration; OR

☐ The conviction is for conduct that is no longer a crime under Massachusetts law.

4. Petitioner has completed the official form's certifications concerning Massachusetts findings of guilt, out-of-state and federal convictions, and imprisonment during the applicable period. The favorable dispositions listed in § 100A(3) do not interrupt the waiting period.

5. None of the offenses sought to be sealed is a sex offense as defined in G.L. c. 6, § 178C for which the 15-year waiting period has not yet elapsed, and petitioner has never been classified as a Level 2 or Level 3 sex offender.

6. None of the convictions is excluded by § 100A's restrictions concerning G.L. c. 140, §§ 121–131H, c. 268, or c. 268A, except that a resisting-arrest conviction is not excluded on that basis.

WHEREFORE, petitioner respectfully requests that the Commissioner of Probation seal the above records.

Signed under the pains and penalties of perjury this ____ day of __________, 20____.

Signature: _________________________________
[PRINTED NAME]

B.2 — Petition to Seal Non-Conviction Records (G.L. c. 276 § 100C)

Preparation workpaper only: use the current Trial Court Petition to Seal Criminal Records for Nolle Prosequi or Dismissal and attach a tailored Pon memorandum if appropriate.

COMMONWEALTH OF MASSACHUSETTS

PETITION TO SEAL CRIMINAL RECORDS PURSUANT TO G.L. c. 276, § 100C

The petitioner, [PETITIONER NAME], respectfully petitions this Honorable Court to seal the records of the above-captioned criminal case pursuant to G.L. c. 276, § 100C, and in support states:

I. Identifying Information

1. Petitioner's full legal name: [NAME]
2. Date of birth: [__/__/____]
3. Address: [ADDRESS]
4. Docket number: [DOCKET]
5. Offense(s) charged: [OFFENSE / G.L. CITATION]
6. Date of disposition: [__/__/____]
7. Disposition: ☐ Dismissed ☐ Nolle prosequi ☐ Dismissed after successful completion of a CWOF

II. Statutory Eligibility

8. The above-captioned case ended in a dismissal or nolle prosequi, a category eligible for discretionary sealing under G.L. c. 276, § 100C. If the matter involved a CWOF, the docket reflects the later dismissal entered after completion.

III. Good Cause Under Pon

9. Pursuant to Commonwealth v. Pon, 469 Mass. 296 (2014), petitioner has good cause to seal these records because:

(a) Disadvantages from availability of the record: [DESCRIBE EMPLOYMENT, HOUSING, LICENSING, IMMIGRATION, EDUCATIONAL, OR SOCIAL DISADVANTAGES THE OPEN RECORD HAS CAUSED OR WILL CAUSE.];

(b) Evidence of rehabilitation: [DESCRIBE EMPLOYMENT, EDUCATION, TREATMENT COMPLETION, COMMUNITY SERVICE, OR OTHER REHABILITATIVE EVIDENCE.];

(c) Mitigation of disadvantages by sealing: [EXPLAIN HOW SEALING WOULD REMOVE BARRIERS.];

(d) Circumstances at the time of the offense: [DESCRIBE CIRCUMSTANCES THAT AFFECT RECIDIVISM ANALYSIS — e.g., AGE, SUBSTANCE USE NOW IN REMISSION, MENTAL-HEALTH ISSUE NOW STABILIZED.];

(e) Passage of time: [STATE NUMBER OF YEARS SINCE DISPOSITION.] years have passed since the disposition;

(f) Nature and reasons for the disposition: [SUMMARIZE WHY THE CASE WAS DISMISSED OR NOL PROSSED, INCLUDING ANY DISMISSAL ENTERED AFTER COMPLETION OF A CWOF.].

IV. Supporting Documents

10. The following are attached:
    - ☐ Petitioner's sworn affidavit
    - ☐ Letters of support
    - ☐ Proof of treatment completion (if applicable)
    - ☐ Proof of employment / education
    - ☐ CORI report

WHEREFORE, petitioner respectfully requests that this Honorable Court:

(a) Schedule a hearing pursuant to § 100C and Pon;
(b) Find good cause for sealing;
(c) Order that the records of the above-captioned case be sealed by the clerk, probation department, and Commissioner of Probation; and
(d) Grant such further relief as is just.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], BBO # [____]
[FIRM]
[ADDRESS]
[PHONE / EMAIL]
Counsel for Petitioner

Date: [__/__/____]

B.3 — Expungement Form Workpapers

Do not use one pleading for both routes. Time-based requests under §§ 100F–100J use
official PROB0002 and begin with the Commissioner of Probation. The captioned workpaper
below is only an attachment outline for the separate Trial Court § 100K form.

COMMONWEALTH OF MASSACHUSETTS

ATTACHMENT TO PETITION FOR EXPUNGEMENT UNDER G.L. c. 276, § 100K

Petitioner, [PETITIONER NAME], submits this attachment to the official Trial Court Petition for Expungement and requests relief under G.L. c. 276, § 100K.

I. Petitioner Information

1. Name: [NAME]
2. DOB: [__/__/____]
3. Address: [ADDRESS]
4. Last 4 of SSN: [____]

II. Case to Be Expunged

5. Docket no.: [DOCKET]
6. Offense(s): [OFFENSE / G.L. CITATION]
7. Date of offense: [__/__/____]
8. Petitioner's age at time of offense: [____]
9. Date of disposition: [__/__/____]
10. Disposition: [DESCRIBE]

III. Section 100K Ground

Petitioner avers that clear and convincing evidence establishes that the record was created as a result of:

☐ False identification (offense committed by another using petitioner's identity);
☐ Unauthorized use or theft of petitioner's identity;
☐ Conduct that was criminal when the record was created but is no longer criminal, and whose elements do not remain criminal under a different designation;
☐ Demonstrable errors by law enforcement;
☐ Demonstrable errors by civilian or expert witnesses;
☐ Demonstrable errors by court employees;
☐ Demonstrable fraud perpetrated upon the court.

IV. Factual Basis

11. [PROVIDE A DETAILED NARRATIVE OF THE FACTS SUPPORTING THE PETITION, INCLUDING WHY EXPUNGEMENT (RATHER THAN SEALING) IS APPROPRIATE AND WHY EACH STATUTORY ELEMENT IS SATISFIED.]

V. Best Interests of Justice (§ 100K(b))

12. Expungement is in the best interests of justice because:

(a) [REHABILITATION / ABSENCE OF FURTHER CRIMINAL CONDUCT];
(b) [CONCRETE COLLATERAL CONSEQUENCES OF THE OPEN RECORD];
(c) [LIMITED PUBLIC-SAFETY INTEREST IN PRESERVATION OF THE RECORD];
(d) [PASSAGE OF TIME AND DEMONSTRATED LAW-ABIDING CONDUCT].

VI. Notice

13. On or before filing, a copy of the official petition, this attachment, and all supporting documents was provided to the District Attorney's Office that prosecuted the case by [HAND DELIVERY / FIRST-CLASS MAIL] on [__/__/____].

WHEREFORE, petitioner respectfully requests that this Honorable Court:

(a) Hold a hearing under § 100K(b) if requested by the petitioner or District Attorney;
(b) Find by clear and convincing evidence that the record was created because of the selected § 100K(a) ground and that expungement is in the best interests of justice;
(c) Order the permanent expungement of all court, criminal-justice-agency, and other state/municipal/county records relating to the above-captioned case, as defined in § 100E;
(d) Grant such further relief as is just.

Respectfully submitted,

_________________________________
[ATTORNEY NAME], BBO # [____]
[FIRM]
[ADDRESS]
[PHONE / EMAIL]
Counsel for Petitioner

Date: [__/__/____]

PART C — FILING CHECKLIST

C.1 — Pre-Filing Diligence

☐ Obtain certified CORI report (mass.gov/cori) and review for ALL Massachusetts cases
☐ Identify each offense by G.L. citation and confirm misdemeanor vs. felony classification
☐ Confirm dates of disposition AND release from custody (if any) for each case
☐ Calculate § 100A sealing periods from the later of the guilty finding or completion of incarceration/custody
☐ For time-based expungement, confirm that every target offense and every period of incarceration, custody, or probation ended more than 3 or 7 years before filing, as applicable
☐ Confirm no Level 2 or Level 3 sex-offender classification
☐ For time-based expungement only, cross-check each offense against every § 100J category
☐ Confirm the target records fit § 100F, § 100G, or § 100H and do not exceed that section's two-record limit
☐ Confirm each target offense occurred before age 21 and complete the § 100I record-history and active-investigation checks
☐ Pull court papers for any dismissal or nolle prosequi to be sealed under § 100C; for a CWOF, confirm the docket shows a dismissal
☐ Identify all out-of-state, federal, and United States-possession records because §§ 100A and 100I contain national-record conditions

C.2 — Document Assembly

☐ Correct official form: § 100A sealing form; § 100C dismissal/nolle form; time-based PROB0002; or Trial Court § 100K form
☐ Client affidavit
☐ Letters of support (3–5 recommended for § 100C and expungement)
☐ Proof of rehabilitation (employment records, education, treatment completion certificates)
☐ Proof of restitution paid in full (if ordered)
☐ Memorandum addressing Pon factors (§ 100C) or the applicable best-interests standard in §§ 100F–100H or § 100K
☐ Copy of CORI
☐ Proposed order

C.3 — Filing

☐ § 100A: File with MA Probation Service, One Ashburton Place, Boston (no fee)
☐ § 100C: Follow the official court-department instructions for the dismissal/nolle form (no fee)
☐ §§ 100F–100H: Mail PROB0002 to the Office of the Commissioner of Probation, One Ashburton Place, Room 405, Boston, MA 02108 (free process)
☐ § 100K: File the Trial Court form where the case was heard and provide the petition and supporting documents to the prosecuting DA on or before filing
☐ Retain proof of any required delivery or mailing

C.4 — Post-Filing

☐ Calendar the correct route-specific response period: 60 days for § 100F/§ 100G DA objections, 30 days for § 100H, or the court's schedule for § 100K
☐ Prepare for a hearing when required or requested; time-based petitions may be approved without a hearing if the DA does not object, and § 100K requires a hearing only if the petitioner or DA requests one
☐ Bring CORI, affidavit, and supporting documents to hearing
☐ Be prepared to address Pon factors (sealing) or best-interests-of-justice factors (expungement)
☐ Upon order: confirm Commissioner of Probation seals/expunges; confirm clerk seals/expunges court file
☐ Provide certified copy of order to client
☐ Give route-specific advice on the “no record” language in § 100A (sealed records) or §§ 100M–100N (expunged records)

C.5 — Post-Sealing Client Counseling

☐ Explain that sealing and expungement have different statutory effects and do not use one remedy's “no record” rule as if it governed the other
☐ Preserve any needed court records before expungement; the official § 100K instructions warn that records cannot be obtained after destruction
☐ Obtain separate immigration, federal-disclosure, licensing, or military advice when those systems are relevant; this Massachusetts template does not determine non-Massachusetts disclosure duties

SOURCES AND REFERENCES

• G.L. c. 276, § 100A (administrative sealing): https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100A
• G.L. c. 276, § 100C (discretionary sealing): https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276/Section100C
• G.L. c. 276, §§ 100E–100U (expungement framework): https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276
• Mass.gov, sealing instructions and Pon factors: https://www.mass.gov/how-to/request-to-seal-your-criminal-record
• Mass.gov, expungement eligibility: https://www.mass.gov/info-details/find-out-if-you-can-expunge-your-criminal-record
• Mass.gov, time-based expungement instructions and PROB0002: https://www.mass.gov/how-to/request-a-time-based-expungement-of-your-criminal-record
• Mass.gov, non-time-based § 100K form and instructions: https://www.mass.gov/how-to/request-a-non-time-based-expungement-of-your-criminal-record
• Commonwealth v. Pon, 469 Mass. 296 (2014), as applied in the official sealing instructions above
• St. 2018, c. 69 (Criminal Justice Reform Act): https://malegislature.gov/Laws/SessionLaws/Acts/2018/Chapter69
• St. 2026, c. 102, §§ 338–340 (current “person with a disability” terminology in §§ 100E and 100J): https://malegislature.gov/Laws/SessionLaws/Acts/2026/Chapter102
• Mass. Trial Court criminal-record forms: https://www.mass.gov/lists/court-forms-for-criminal-records