Massachusetts criminal defense
Sealing a Criminal Record in Massachusetts
In Massachusetts, you can generally ask the Commissioner of Probation to seal a conviction 3 years after a misdemeanor or 7 years after a felony, counting from the conviction or the end of any jail or prison time, whichever is later. Dismissed cases and cases the prosecutor dropped can be sealed by a judge under a separate law. Once a record is sealed, you can generally answer “no record” on applications for jobs, housing, and professional licenses.
Record-clearing routes to ask about
General information based on statute text, not legal advice. A case outcome and a few answers do not establish your full record or resolve the statutory exclusions.
Your selections stay in browser memory and are not sent or saved. Dates are shown only when the exact statutory starting event and required conditions can be identified.
The complete statutory tables below are available without the interactive guide.
Massachusetts statutory rule table
If you select “No”: No later conviction reported. This answer does not establish all earlier history, record counts, arrests, pending cases or statutory exclusions.
If you select “Yes”: A later conviction may affect the route, look-back or latest-judgment clock. Ask a lawyer to review the full record.
If you select “Not sure”: Obtain the full criminal history and court dockets before selecting a route or starting date.
| Outcome and route | Statute | Period and exact clock trigger | Ask a lawyer to check; official office |
|---|---|---|---|
| Ask about sealing by application to the Commissioner of Probation under § 100A. Outcomes: Conviction. Levels: Misdemeanor, Not sure. Context: Any. | M.G.L. c. 276, § 100A | 3 calendar years Covered court appearance/disposition including any incarceration or custody; identify the latest relevant date from the record. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Massachusetts Commissioner of Probation: use the current petition-to-seal instructions and form. Official text checked 2026-11-05 Read the statutory excerpts
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| Ask about sealing by application to the Commissioner of Probation under § 100A. Outcomes: Conviction. Levels: Felony, Not sure. Context: Any. | M.G.L. c. 276, § 100A | 7 calendar years Covered court appearance/disposition including any incarceration or custody; identify the latest relevant date from the record. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Massachusetts Commissioner of Probation: use the current petition-to-seal instructions and form. Official text checked 2026-11-05 Read the statutory excerpts
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| Ask the clerk or Probation Service to confirm sealing under § 100C, paragraph 1. Outcomes: Not guilty. Levels: Any. Context: Any. | M.G.L. c. 276, § 100C | No single calculated date The statute states the acquittal/no-bill/no-probable-cause sealing route without a three- or seven-year conviction period. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Massachusetts Commissioner of Probation: use the current petition-to-seal instructions and form. Official text checked 2026-11-05 Read the statutory excerpts
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| Ask about a court petition to seal the dismissal or nolle record under § 100C, paragraph 2. Outcomes: Dismissal or nolle. Levels: Any. Context: Any. | M.G.L. c. 276, § 100C | No single calculated date No fixed three- or seven-year conviction waiting period is stated for this judicial dismissal/nolle route. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
The court where the criminal proceeding occurred: current petition to seal under § 100C. Official text checked 2026-11-05 Read the statutory excerpts
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| First identify whether the CWOF remains active, ended in dismissal or became a conviction. Outcomes: CWOF (Massachusetts). Levels: Any. Context: Any. | M.G.L. c. 278, § 18; M.G.L. c. 276, § 100C; M.G.L. c. 276, § 100A M.G.L. c. 278, § 18 · M.G.L. c. 276, § 100C · M.G.L. c. 276, § 100A | No single calculated date An active CWOF is not treated as an already dismissed case. Use the final docket and applicable route. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Official text checked 2026-11-05 Read the statutory excerpts
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| Identify the actual final disposition after pretrial probation before selecting a record-clearing route. Outcomes: Pretrial probation (Massachusetts). Levels: Any. Context: Any. | M.G.L. c. 276, § 87; M.G.L. c. 276, § 100C | No single calculated date Section 87 is not a universal automatic-dismissal or record-destruction clock. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Official text checked 2026-11-05 Read the statutory excerpts
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| A separate time-based expungement petition may be a route to ask about after reviewing age, record count and offense exclusions. Outcomes: Conviction, Dismissal or nolle, Not guilty, CWOF (Massachusetts), Pretrial probation (Massachusetts). Levels: Misdemeanor, Not sure. Context: Any. | M.G.L. c. 276, § 100G; M.G.L. c. 276, § 100H; M.G.L. c. 276, § 100I; M.G.L. c. 276, § 100J; St. 2026, c. 102, §§ 338–340 M.G.L. c. 276, § 100G · M.G.L. c. 276, § 100H · M.G.L. c. 276, § 100I · M.G.L. c. 276, § 100J · St. 2026, c. 102, §§ 338–340 | 3 calendar years All offenses being considered and any incarceration, custody or probation must be at least the stated period before the petition. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Commissioner of Probation time-based expungement petition; current official instructions. Official text checked 2026-11-05 Read the statutory excerpts
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| A separate time-based expungement petition may be a route to ask about after reviewing age, record count and offense exclusions. Outcomes: Conviction, Dismissal or nolle, Not guilty, CWOF (Massachusetts), Pretrial probation (Massachusetts). Levels: Felony, Not sure. Context: Any. | M.G.L. c. 276, § 100G; M.G.L. c. 276, § 100H; M.G.L. c. 276, § 100I; M.G.L. c. 276, § 100J; St. 2026, c. 102, §§ 338–340 M.G.L. c. 276, § 100G · M.G.L. c. 276, § 100H · M.G.L. c. 276, § 100I · M.G.L. c. 276, § 100J · St. 2026, c. 102, §§ 338–340 | 7 calendar years All offenses being considered and any incarceration, custody or probation must be at least the stated period before the petition. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Commissioner of Probation time-based expungement petition; current official instructions. Official text checked 2026-11-05 Read the statutory excerpts
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| Ask about the distinct § 100K petition only if a specified identity, decriminalization, error or fraud ground exists. Outcomes: Conviction, Dismissal or nolle, Not guilty, CWOF (Massachusetts), Pretrial probation (Massachusetts). Levels: Any. Context: Any. | M.G.L. c. 276, § 100K | No single calculated date Section 100K does not impose the § 100I three/seven-year time test; it requires proof of a listed ground and court discretion. The available answers do not establish this route’s exact trigger and all required record facts. Ask a lawyer to review the clock; no date is calculated. |
Court petition for non-time-based expungement; current official instructions. Official text checked 2026-11-05 Read the statutory excerpts
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| An OUI case needs the actual offense level and final court outcome to identify the record-clearing period. Outcomes: Conviction, CWOF (Massachusetts), Pretrial probation (Massachusetts), Dismissal or nolle, Not guilty. Levels: Any. Context: OUI / DUI context. When this caution applies, it replaces these conditional branches: A separate time-based expungement petition may be a route to ask about after reviewing age, record count and offense exclusions. A separate time-based expungement petition may be a route to ask about after reviewing age, record count and offense exclusions. | M.G.L. c. 276, § 100A; M.G.L. c. 276, § 100J; M.G.L. c. 276, § 100K M.G.L. c. 276, § 100A · M.G.L. c. 276, § 100J · M.G.L. c. 276, § 100K | No single calculated date Identify actual misdemeanor/felony classification and the sealing or special expungement route. This special-offense caution requires exact-section and record review; no single date is calculated. |
Official text checked 2026-11-05 Read the statutory excerpts
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| Domestic or order-related records require exact-section review before any date. Outcomes: Conviction, CWOF (Massachusetts), Pretrial probation (Massachusetts), Dismissal or nolle, Not guilty. Levels: Any. Context: Domestic / family-violence context. | M.G.L. c. 276, § 100A; M.G.L. c. 276, § 100I; M.G.L. c. 276, § 100J M.G.L. c. 276, § 100A · M.G.L. c. 276, § 100I · M.G.L. c. 276, § 100J | No single calculated date The domestic label alone does not identify the offense level or applicable route. This special-offense caution requires exact-section and record review; no single date is calculated. |
Official text checked 2026-11-05 Read the statutory excerpts
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The first consultation is free. Talk to a Massachusetts criminal defense lawyer about your record.
Open the Rhode Island and Massachusetts record-clearing guide
What sealing does
Sealing does not destroy the record. It closes the record off from most people who would otherwise see it. After a record is sealed under M.G.L. c. 276 § 100A, the Commissioner of Probation tells most people who ask that no record exists, and the clerk and probation office in the court where the case was heard seal their files too.
- Applications for employment, housing, and occupational or professional licenses must tell you that you may answer “no record” about a sealed record.
- A sealed record cannot be used to disqualify you from public employment or an appointment with the state, a city, or a town.
- A sealed record generally cannot be used as evidence in court or before boards and commissions, with limited exceptions.
- The state notifies the FBI and the U.S. Department of Justice and asks them to seal the record too.
- In a negligence claim, an employer or landlord is presumed not to know about a sealed record.
Sealing a conviction: the waiting periods
Conviction sealing is handled by the Office of the Commissioner of Probation under § 100A. The Legislature shortened the waiting periods in 2018, from 5 years to 3 for misdemeanors and from 10 years to 7 for felonies (St. 2018, c. 69, §§ 186 and 187).
| Record | Waiting period |
|---|---|
| Misdemeanor | 3 years after the conviction or the end of any incarceration or custody, whichever is later |
| Felony | 7 years after the conviction or the end of any incarceration or custody, whichever is later |
| Violation of an abuse prevention order (c. 209A § 7) or a harassment prevention order (c. 258E § 9) | Treated as a felony: 7 years |
| Sex offense as defined in M.G.L. c. 6 § 178C | 15 years after the disposition and the end of any supervision or incarceration, or as long as you must register, whichever is longer. Never, if you were ever classified as a level 2 or level 3 sex offender |
Other conditions for sealing a conviction
During the waiting period you cannot have any new guilty findings in Massachusetts, or any convictions or imprisonment in another state or in federal court. Motor vehicle offenses with a fine of $50 or less do not count. Later cases that ended in not guilty, a nolle prosequi, a no bill, or certain dismissals do not interrupt the waiting period.
A few kinds of convictions cannot be sealed this way: firearm offenses under M.G.L. c. 140 §§ 121 to 131H and offenses under chapters 268 and 268A, except resisting arrest. Having one of those convictions on your record can block sealing under § 100A.
An old felony that is now a misdemeanor is treated as a misdemeanor. A conviction for something that is no longer a crime can be sealed right away. An OUI is not on the excluded list, so it can generally be sealed once the waiting period runs.
Sealing a dismissal or nolle prosequi
If your case ended in a not guilty verdict, a no bill from a grand jury, or a finding of no probable cause, the Commissioner of Probation seals it automatically under M.G.L. c. 276 § 100C. You can ask in writing that it not be sealed.
If your case was dismissed or the prosecutor entered a nolle prosequi, you can ask the court where the case started to seal it. The statute sets no waiting period. The judge seals the record if it appears that sealing serves substantial justice.
The court may consider these things:
- The particular disadvantages the open record causes you
- Evidence of rehabilitation that suggests you could overcome those disadvantages if the record were sealed
- Any other evidence that sealing would help you
- Your circumstances when the offense happened
- How much time has passed since the offense and the end of the case
- The nature of and reasons for the disposition
What about a CWOF that was dismissed?
A completed CWOF and a sealed record are different events. A continuance without a finding allows a case to continue without a guilty finding and later be dismissed upon compliance with its conditions. That disposition does not itself establish that the record was sealed. Mass. Gen. Laws ch. 278, § 18 (verified passage) Mass. Gen. Laws ch. 276, § 100C (verified passage)
If a dismissal has been entered, a court petition under § 100C may be available without the § 100A waiting periods. In Commonwealth v. Pon, the Supreme Judicial Court explained that the court applies a good-cause balance for dismissed or nolle-prossed cases. A petitioner can apply at disposition or later; approval is not automatic. Commonwealth v. Pon, 14 N.E.3d 182, 469 Mass. 296, 300-01 (Mass. 2014) (verified passage) Commonwealth v. Pon, 14 N.E.3d 182, 469 Mass. 296, 311-12 (Mass. 2014) (verified passage)
Check the docket before choosing the route
Obtain the case number, charge list, CWOF order, probation or compliance paperwork, and the final docket disposition. Check each charge rather than assuming one completed condition means the whole case was dismissed. If the docket does not show dismissal, ask counsel to clarify the status before preparing a sealing petition.
Keep a current criminal-history report if you have one. Identify the court and date for every related case and any prior sealing order. These documents help distinguish a still-open case, a dismissed case, and a record already subject to sealing.
Explain how the open record affects you
Prepare a factual explanation of present or reasonably foreseeable disadvantages from the record, how sealing would help, and relevant evidence of rehabilitation. Pon directs judges to consider those matters alongside the circumstances, elapsed time, and nature and reasons for the disposition. A specific lost job is not the only possible evidence, but a general wish to clear a record is not a substitute for a supported explanation. Commonwealth v. Pon, 14 N.E.3d 182 (Mass. 2014) (verified passage) Commonwealth v. Pon, 14 N.E.3d 182 (Mass. 2014) (verified passage)
Useful materials may include job or housing communications, training or program completion records, and a dated account of opportunities affected. Preserve the original communications and explain the connection rather than assuming a denial was caused by the CWOF.
Keep administrative sealing separate
Administrative sealing under § 100A is a separate route with waiting periods and eligibility conditions. Its general three-year misdemeanor and seven-year felony rules should not be presented as a mandatory wait for a judicial petition under § 100C. The full record and exclusions still need review. Mass. Gen. Laws ch. 276, § 100A (verified passage) Commonwealth v. Pon, 14 N.E.3d 182, 469 Mass. 296, 300-01 (Mass. 2014) (verified passage)
Sealing also does not destroy a record or make it unavailable for every purpose. Get advice about the exact question on a job, licensing, court, or other application instead of assuming dismissal permits a universal “no record” answer. Mass. Gen. Laws ch. 276, § 100C (verified passage) Mass. Gen. Laws ch. 276, § 100C (verified passage)
For background, see how a Massachusetts CWOF works. Bring the record and your goals to a record-sealing consultation.
How to seal a criminal record in Massachusetts
Where you file depends on how the case ended.
- Conviction records: complete the Petition to Seal conviction records form and file it with the Massachusetts Probation Service, Office of the Commissioner of Probation.
- Dismissals and nolle prosequi in the District Court: file the Petition to Seal Criminal Records for Nolle Prosequi or Dismissal at the clerk's office of the court where the case started.
- Dismissals and nolle prosequi in the Boston Municipal Court: file at the BMC division where you live. If you no longer live in BMC territory, file where your most recent eligible record is from.
- There is no fee. Including a copy of your criminal record and a certified copy of the court docket is recommended but not required.
The court process for dismissals
In the District Court, a judge first reviews the petition. If the requirements are not met, it can be denied without a hearing. If they are met, you will get notice of a hearing by mail, and the notice is posted at the court for at least 7 days.
At the hearing you explain why there is good cause to seal the record and why it outweighs the public's general right of access. You can have a lawyer at the hearing. If the judge denies the petition, you can appeal to the Massachusetts Appeals Court.
What sealing does not do
Sealing has limits that matter.
- It does not destroy the record. Law enforcement agencies, courts, and appointing authorities can still learn of it.
- It can be used in sentencing if you are convicted of a new crime later.
- In custody, visitation, abuse prevention, and certain other family and juvenile proceedings, a party can ask the judge to admit a sealed record that bears on a child's custody, on abuse, or on someone's safety. The judge reviews it privately first.
- If you are later found guilty of a new offense, a record sealed under § 100C becomes available to the probation officer. It also becomes available to the court, except for a not guilty, a no bill, or a no probable cause finding.
Expungement: a narrower option
Sealing keeps a record on file with limits on disclosure, while expungement permanently erases or destroys it under the statutory definition.
The separate Massachusetts expungement guide explains the time-based petition routes and the specified grounds for a non-time-based petition.
How we help
We start by getting your record and checking each entry against the waiting periods and exclusions. Then we choose the right path, prepare the petition, and, when a hearing is required, present the case for sealing to the judge.
Lisa DiLibero, Esq., handles the firm's Massachusetts matters. Call 401-621-9700 to talk about your record.
Documents for a record-sealing review
The outcome of each case matters. We review the record and appropriate filing route before discussing eligibility.
- CORI or other criminal-history report, if available.
- Court names, docket numbers, and dispositions for each case.
- Dates incarceration and supervision ended, plus any later cases.
- Documents showing the effects of the open record on work, housing, or licensing.
Do you also have a Rhode Island record? Use our separate Rhode Island expungement guide for that state’s record-relief questions.
Frequently Asked Questions
For a conviction, 3 years for a misdemeanor or 7 years for a felony, counted from the conviction or the end of any incarceration, whichever is later. A dismissal or nolle prosequi can be sealed by a court without a statutory waiting period.
Generally yes. An OUI is not one of the offenses excluded from sealing under M.G.L. c. 276 § 100A, so it can be sealed after the waiting period if you otherwise qualify. It cannot be expunged under the time-based expungement law.
On applications for employment, housing, or an occupational or professional license, you may generally answer “no record” about a sealed record. Law enforcement, courts, and appointing authorities can still see it.
Sealing hides the record from most people but keeps it on file. Expungement permanently erases it. Expungement is available only in narrow situations.
There is no fee to request sealing. You can choose to hire a lawyer to prepare the petition and argue at a hearing.
A dismissed CWOF may be sealed by court petition under § 100C for good cause, without the § 100A waiting periods. Administrative sealing under § 100A is also available if its eligibility and waiting-period requirements are met. The appropriate route depends on the record.
Next step
Thinking about sealing your record?
Call 401-621-9700 or send us a message about sealing a Massachusetts record. The first conversation is free.

