Expungement Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Massachusetts requires the use of official Petition to Expunge Form (PROB0002) from the
Massachusetts Probation Service for expungement petitions. This template provides the
substantive legal content to help you prepare — but you must transfer your content to the
official form before filing. The official form is available at
https://courtforms.jud.state.ma.us/publicforms/PROB0002.
Do not file this document directly with the court.

PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD

(Mass. Gen. Laws ch. 276, §§ 100F–100U)

I. DOCUMENT HEADER

COMMONWEALTH OF MASSACHUSETTS
_______________ COURT DEPARTMENT OF THE TRIAL COURT
[DIVISION] DIVISION

Docket No.: [DOCKET NO.]

In Re: [Petitioner’s Full Legal Name], Petitioner

Date of Filing: [MM/DD/YYYY]

PETITION FOR EXPUNGEMENT

Petitioner, [FULL LEGAL NAME] (“Petitioner”), respectfully petitions this Honorable Court pursuant to Mass. Gen. Laws ch. 276, §§ 100F–100U (the “Expungement Statute”) for an order expunging all applicable criminal and/or juvenile records arising from the matter identified below. In support of this Petition, Petitioner states as follows:

II. DEFINITIONS

For purposes of this Petition, the following capitalized terms shall have the meanings set forth below:

1. “Criminal Case” means Commonwealth v. [Petitioner], Docket No. [DOCKET NO.], commenced in the [COURT NAME] on [DATE OF ARRAIGNMENT].
2. “Disqualifying Offense” means any offense enumerated in Mass. Gen. Laws ch. 276, § 100G(b) that renders a record ineligible for expungement.
3. “Entry of Disposition” means the date on which the final disposition—whether dismissal, nolle prosequi, continuance without a finding (“CWOF”), or conviction—was entered: [MM/DD/YYYY].
4. “Waiting Period” means the statutory period set forth in § 100I(a): three (3) years from the date of disposition for a misdemeanor or seven (7) years for a felony, exclusive of tolling events.
5. “Court” means the [COURT NAME] of the Trial Court of the Commonwealth of Massachusetts.

III. OPERATIVE ALLEGATIONS & GROUNDS FOR RELIEF

1. Jurisdiction and Venue
   1.1 This Court has jurisdiction under Mass. Gen. Laws ch. 276, § 100H, which vests authority to decide expungement petitions in the court of original jurisdiction of the underlying case.
   1.2 Venue is proper in this division because the Criminal Case was adjudicated here.

2. Identification of Records Sought to Be Expunged
   2.1 Offense Charged: [CHARGE NAME & G.L. c. & §] (Misdemeanor ☐ / Felony ☐).
   2.2 Date of Arrest: [MM/DD/YYYY].
   2.3 Date of Disposition: [MM/DD/YYYY].
   2.4 Final Disposition: [Dismissal / Nolle Prosequi / CWOF / Not Guilty / Guilty].

3. Statutory Eligibility
   3.1 Petitioner affirmatively represents that none of the offenses listed in Mass. Gen. Laws ch. 276, § 100G(b) apply.
   3.2 Petitioner satisfies one or more of the following statutory bases for expungement (check all that apply and supply specifics):
   ☐ Identity theft or misidentification (§ 100G(a)(1)).
   ☐ Fraud perpetrated on the Court (§ 100G(a)(2)).
   ☐ Errors by law enforcement or court personnel (§ 100G(a)(3)).
   ☐ Decriminalized offense (§ 100G(a)(4)).
   ☐ Time-Based Expungement (§ 100I) – Waiting Period completed; no intervening criminal court appearances or convictions.

4. Compliance With Waiting Period (If Time-Based)
   4.1 Disposition entered on [MM/DD/YYYY]; today’s date is [MM/DD/YYYY], thereby exceeding the applicable [3-/7-] year Waiting Period required by § 100I(a).
   4.2 Petitioner certifies that during the Waiting Period he/she/they:
   (a) Has not been convicted of any criminal offense; and
   (b) Has no open criminal matters anywhere in the United States.

5. Interests of Justice
   5.1 The continued existence of the above-referenced record causes or may cause the following collateral consequences: employment barriers, housing denials, educational impediments, and other civil disabilities.
   5.2 Expungement will not compromise public safety and is consistent with the rehabilitative and public-policy purposes underlying the Expungement Statute.

6. Sealed Record Access & Ancillary Relief
   6.1 Petitioner requests that all state agencies, courts, and law-enforcement entities be ordered to:
   (a) Permanently expunge or obliterate the Criminal Case from their indices, databases, and files;
   (b) Respond to any public inquiry that “no record exists”; and
   (c) Seal any ancillary court files until expungement is fully executed.

IV. REPRESENTATIONS & WARRANTIES

7. Petitioner represents, warrants, and certifies under the pains and penalties of perjury that:
   7.1 All statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief;
   7.2 No material fact has been omitted that would affect eligibility; and
   7.3 Petitioner will immediately notify the Court of any change in status that may bear on this Petition.

V. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

A. Allow the Petition and order the expungement of all records pertaining to the Criminal Case in accordance with Mass. Gen. Laws ch. 276, §§ 100F–100U;
B. Direct the Commissioner of Probation, the Department of Criminal Justice Information Services, and all relevant law-enforcement or prosecutorial agencies to take all necessary steps to effectuate said expungement forthwith;
C. Order that all affected agencies respond to future inquiries as required by § 100N (“no record exists”);
D. Grant such other and further relief as justice and equity may require.

VI. VERIFICATION

I, [PETITIONER NAME], hereby certify under the pains and penalties of perjury that the facts set forth in this Petition are true and correct to the best of my knowledge and belief.

Date: _____________      __________________________________
              [PETITIONER NAME]

VII. CERTIFICATE OF SERVICE

I certify that on this ____ day of ____________, 20__, I served a true and accurate copy of the foregoing Petition for Expungement upon the Office of the District Attorney for the [COUNTY] District by:

☐ First-Class Mail ☐ Hand Delivery ☐ E-File/Service ☐ Other: _____________

__________________________________
[NAME], [TITLE / COUNSEL FOR PETITIONER]
BBO No.: [#######]
Address: [LAW FIRM / ADDRESS]
Phone: [###-###-####] Email: [EMAIL]

VIII. [PROPOSED] ORDER OF EXPUNGEMENT

[Attach as separate document or include below per local practice]