Can Criminal Charges Be Sealed in Massachusetts?

Yes. Under Massachusetts law, a person with a criminal record may petition to seal their record so that it is no longer accessible to the general public. Once sealed, most employers, landlords, and private organizations cannot see the case when they perform a background check through the Criminal Offender Record Information (CORI) system.

However, sealing does not completely erase the record. Certain agencies—including law enforcement, courts, and some state licensing boards—may still access sealed records in limited circumstances, especially if you are applying for jobs involving law enforcement, education, or childcare.

Eligibility and Waiting Periods

To be eligible to seal a conviction in Massachusetts, specific waiting periods must pass after your last conviction, completion of probation, or release from custody—whichever is later:

• Misdemeanors: You may apply to seal after 3 years.
• Felonies: You may apply to seal after 7 years.
• Certain sex offenses: May require longer waiting periods or may not be eligible at all, depending on the offense.

If your case was dismissed, nolle prosequi (not prosecuted), or resulted in a not guilty verdict, you can often request to seal the record immediately under M.G.L. c. 276, § 100C.

The Sealing Process

1. Petition to Seal:
   You must file a petition with the Commissioner of Probation or, in some cases, with the court where your case was heard.
2. Court Review:
   The judge reviews whether sealing serves the interests of justice. In some cases, a hearing is scheduled where you or your attorney can explain how the record impacts your life (for example, job, housing, or education opportunities).
3. Decision:
   If granted, the record is sealed and will not appear on most background checks.

Important Considerations for Non-U.S. Citizens

If you are not a U.S. citizen, it is very important to consult with an immigration attorney before sealing your record. U.S. immigration authorities, including the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS), often require certified copies of all court records when processing immigration applications or evaluating admissibility to the United States.

Once a record is sealed, the court typically cannot provide certified copies of those documents, which could complicate or delay your immigration case. Therefore, it is best to obtain certified copies before filing to seal your record.

Sealing your criminal record in Massachusetts can help you move forward by limiting who can access your past, but it does not make the case disappear entirely. It is a powerful legal tool for restoring privacy and improving employment prospects—but it should be approached carefully, especially if you have immigration concerns or a professional license.