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HOUSE DOCKET, NO. 2963 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1493
The Commonwealth of Massachusetts
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PRESENTED BY:
Brandy Fluker Oakley
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to remove collateral consequences and protect the presumption of innocence.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker Oakley12th Suffolk1/19/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Bud L. Williams11th Hampden1/20/2023Michelle M. DuBois10th Plymouth2/7/2023Samantha Montaño15th Suffolk2/13/2023Russell E. Holmes6th Suffolk2/14/2023Natalie M. Higgins4th Worcester2/14/2023Lydia EdwardsThird Suffolk2/27/2023Christopher J. Worrell5th Suffolk3/8/2023 1 of 3
HOUSE DOCKET, NO. 2963 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1493
By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 1493)
of Brandy Fluker Oakley and others for legislation to remove collateral consequences and protect
the presumption of innocence. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to remove collateral consequences and protect the presumption of innocence.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 172(a)(3) of chapter 6, as appearing in the 2020 Official Edition, is
2hereby amended by striking the number “10” in the second sentence in subsection (i) and
3inserting in place thereof, the following number:- 7.
4 SECTION 2. Section 172(a)(3) of chapter 6, as appearing in the 2020 Official Edition, is
5hereby amended by striking the number “5” in subsection (ii) and inserting in place thereof, the
6following number:- 3.
7 SECTION 3. Section 100A of chapter 276, as appearing in the 2020 Official Edition, is
8hereby amended by inserting after the second sentence the following sentence:- “The
9commissioner shall also comply with the request for sealing without imposing a waiting period
10for any offense that did not result in a conviction or “guilty file” disposition.
11 SECTION 4. Section 100B of chapter 276, as appearing in the 2020 Official Edition, is
12hereby amended after the last sentence in the first paragraph, the following two paragraphs:- 2 of 3
13 The words "delinquent" and "delinquency" as used in this section shall include and
14pertain to any juvenile offense, including where the juvenile is charged as or adjudicated a
15youthful offender, as long as the juvenile offense was not transferred from the juvenile court or a
16juvenile session to another court, or not filed in superior court.
17 Notwithstanding the above provisions, the clerk and the commissioner shall seal all
18records related to any offense immediately if the offense did not result in an adjudication, absent
19an objection from the juvenile upon final disposition of the offense, including completion of any
20period of court-ordered supervision or other court ordered conditions related to the offense. The
21juvenile shall not be required to file a petition or other request to seal the offense or offenses. A
22juvenile who objected to sealing of an offense or who otherwise has an unsealed offense that did
23not result in an adjudication shall be permitted to request sealing of the same offense at a later
24time, and the commissioner shall seal any such eligible offense upon request.
25 SECTION 5. Section 100C of chapter 276, as appearing in the 2020 Official Edition, is
26hereby amended by striking the first and second paragraph and inserting in place thereof the
27following paragraphs:-
28 (a) Whenever a criminal court offense does not result in a conviction, the clerk and the
29commissioner shall seal all records related to the offense immediately absent an objection from
30the defendant upon final disposition of the offense, including completion of any period of court-
31ordered supervision or other court ordered conditions for the offense. The individual shall not be
32required to file a petition or other request to seal the charge or charges. A person who objects to
33sealing or who otherwise has an unsealed offense that did not result in a conviction shall be
34permitted to request sealing of the same offense at a later time, and the commissioner shall seal 3 of 3
35any such eligible offense upon request. Nothing in this section shall prohibit the commissioner
36from sealing any eligible offense pursuant to section 100A of this chapter.
37 (b) For the purposes of this section, a conviction is defined only as a finding of guilt, and
38does not include a continuance without a finding.
39 SECTION 6. Section 172 of chapter 6, as appearing in the 2020 Official Edition, is
40hereby amended by adding after subsection (o), the following new subsection :- (p) When the
41department provides any requestor with criminal offender record information about any pending
42charge or any offense that did not result in a criminal conviction, the department shall provide a
43written statement to the requestor that “A presumption of innocence applies to an individual with
44an offense that did not result in a conviction or is still pending,”
45 SECTION 7. Section 100Q of chapter 276, as appearing in the 2020 Official Edition, is
46hereby amended by inserting after the first sentence the following two sentences:-
47 The clerk’s office of any division of the trial court, the commissioner of probation, or any
48other criminal justice agency, upon request of a person whose offense or offenses are sealed, or
49the person’s legal representative, shall provide access to the sealed records to the individual or
50the individual’s legal representative without said person or legal representative obtaining a court
51order to unseal the record or taking other action. Immediately prior to sealing or expungement,
52the clerk’s office of any division of the trial court or the commissioner of probation shall provide
53a certified copy of the criminal offender record information to the individual for personal use.