Expungement Petition - Preparation Worksheet - Massachusetts

IMPORTANT: THIS IS A PREPARATION GUIDE — USE THE CORRECT OFFICIAL FORM

Massachusetts has two different routes. For time-based expungement under G.L. c. 276,
§§ 100F–100J, use the Massachusetts Probation Service Petition to Expunge Form
(PROB0002) and mail it to the Commissioner of Probation. For non-time-based
expungement under § 100K, use the Trial Court Petition for Expungement Form and file
it in the court where the case was heard, with same-day-or-earlier service on the prosecuting
District Attorney. Do not file this preparation guide as a substitute for either official form.

EXPUNGEMENT PETITION PREPARATION GUIDE

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

I. DOCUMENT HEADER

SUPPORTING FACTS WORKSHEET

Use this worksheet to organize facts for the correct official route. It is not a substitute for PROB0002 or the Trial Court § 100K form.

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. “Time-Based Disqualifying Offense” means an offense enumerated in Mass. Gen. Laws ch. 276, § 100J, which bars time-based expungement under §§ 100F, 100G, or 100H. Section 100K expressly operates notwithstanding §§ 100I and 100J.
3. “Disposition Date” means the date of the final case disposition. If the matter involved a continuance without a finding (“CWOF”), use the later dismissal date after successful completion: [MM/DD/YYYY].
4. “Waiting Period” means the period in § 100I(a)(3): all target offenses, including any period of incarceration, custody, or probation, must have occurred at least three (3) years before filing if the target records include only misdemeanors, or seven (7) years before filing if any target record includes a felony.
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 For a time-based petition, submit PROB0002 to the Commissioner of Probation. If the Commissioner certifies eligibility, the petition is forwarded to the court where the petitioner was adjudicated delinquent or youthful offender (§ 100F), convicted (§ 100G), or where the non-conviction record was created (§ 100H).
   1.2 For a non-time-based § 100K petition, file the separate Trial Court form in the clerk's office of the court where the case was heard.

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 / Dismissal After CWOF / Nolle Prosequi / Not Guilty / Guilty].

3. Statutory Route and Eligibility
   3.1 Select only one procedural route and use its official form:
   Non-Time-Based Expungement (§ 100K(a)) — the record was created, by clear and convincing evidence, as a result of:
   ☐ False identification or unauthorized use/theft of the petitioner's identity (§ 100K(a)(1)).
   ☐ An offense that is no longer a crime at the time of expungement, unless its elements remain criminal under a different designation (§ 100K(a)(2)).
   ☐ Demonstrable errors by law enforcement (§ 100K(a)(3)).
   ☐ Demonstrable errors by civilian or expert witnesses (§ 100K(a)(4)).
   ☐ Demonstrable errors by court employees (§ 100K(a)(5)).
   ☐ Demonstrable fraud perpetrated upon the court (§ 100K(a)(6)).
   ☐ Time-Based Expungement (§§ 100F–100J) — all requirements below are satisfied:
   ☐ The target records are properly categorized under § 100F (delinquent/youthful-offender adjudication), § 100G (conviction), or § 100H (no adjudication or conviction).
   ☐ The petitioner has no more than two target records; multiple offenses arising from the same incident count as one offense for the governing section.
   ☐ Every target offense occurred before the petitioner's twenty-first birthday (§ 100I(a)(2)).
   ☐ The applicable three- or seven-year period in § 100I(a)(3) has elapsed.
   ☐ No target offense is excluded by § 100J.
   ☐ Apart from qualifying minor motor-vehicle offenses and the records included in this petition, the petitioner has no other Massachusetts, out-of-state, federal, or United States-possession criminal or juvenile appearances or dispositions (§ 100I(a)(4)–(5)).
   ☐ To the petitioner's knowledge, the petitioner is not currently the subject of an active criminal investigation (§ 100I(a)(6)).

4. Compliance With Waiting Period (Time-Based Route Only)
   4.1 Final disposition occurred on [MM/DD/YYYY]. Any incarceration, custody, or probation ended on [MM/DD/YYYY]. The latest relevant date is therefore [MM/DD/YYYY], more than [three/seven] years before filing.
   4.2 Petitioner makes the record-history and active-investigation certifications required by § 100I(a)(4)–(6) on the official PROB0002 form.

5. Best 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. Scope of Statutory Relief
   6.1 Petitioner requests the relief authorized by §§ 100E and 100L, including permanent erasure or destruction of covered Massachusetts court and criminal-justice records and expungement of publicly available police logs maintained under G.L. c. 41, § 98F. Domestic-violence-record-keeping-system information is excluded from the statutory definition of “record.”

IV. CERTIFICATIONS

7. Petitioner 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 disclose any material change to the Commissioner or court handling the selected official route.

V. REQUESTED RELIEF WORKSHEET

Transfer only applicable requests to the correct official form or authorized attachment:

A. Grant expungement under § 100F, § 100G, § 100H, or § 100K, as applicable, and implement the order under § 100L;
B. Direct the Commissioner of Probation, the clerk of the court where the record was created, and the Commissioner of Criminal Justice Information Services to take the actions required by § 100L, including the required orders concerning publicly available police logs;
C. Order implementation under § 100L, including the required “no record exists” response by criminal justice agencies receiving the order;
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

For a § 100K filing only, I certify that on this ____ day of ____________, 20__, on or before filing, I provided a true and accurate copy of the official Petition for Expungement and supporting documents to the District Attorney's Office that prosecuted the case by:

☐ First-Class Mail ☐ Hand Delivery

__________________________________
[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]

OFFICIAL SOURCES

• Current G.L. c. 276, §§ 100E–100U: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleII/Chapter276
• Time-based form (PROB0002): https://www.mass.gov/info-details/massachusetts-probation-service-petition-to-expunge-form
• Time-based filing instructions: https://www.mass.gov/how-to/request-a-time-based-expungement-of-your-criminal-record
• Non-time-based § 100K form and instructions: https://www.mass.gov/how-to/request-a-non-time-based-expungement-of-your-criminal-record