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HOUSE DOCKET, NO. 2693 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1598
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mary S. Keefe
_________________
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 providing easier and greater access to record sealing.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Mary S. Keefe15th Worcester1/16/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Carmine Lawrence Gentile13th Middlesex1/25/2023David Henry Argosky LeBoeuf17th Worcester1/25/2023Russell E. Holmes6th Suffolk1/27/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/31/2023Kay Khan11th Middlesex2/1/2023Patricia A. Duffy5th Hampden2/2/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/2/2023Margaret R. Scarsdale1st Middlesex2/6/2023Michelle M. DuBois10th Plymouth2/7/2023Samantha Montaño15th Suffolk2/13/2023Natalie M. Higgins4th Worcester2/14/2023Christopher J. Worrell5th Suffolk2/14/2023Tram T. Nguyen18th Essex2/15/2023Steven Owens29th Middlesex2/15/2023Bud L. Williams11th Hampden2/22/2023Mike Connolly26th Middlesex3/2/2023 2 of 2
Tricia Farley-Bouvier2nd Berkshire3/14/2023 1 of 3
HOUSE DOCKET, NO. 2693 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 1598
By Representative Keefe of Worcester, a petition (accompanied by bill, House, No. 1598) of
Mary S. Keefe and others relative to the sealing of certain records. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1763 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act providing easier and greater access to record sealing.
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 100A of chapter 276 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the words “comply with the request”, in
3lines 5 and 6, the following words:- , within 90 days of receiving such request,
4 SECTION 2. Said section 100A of said chapter 276, as so appearing, is hereby further
5amended by inserting after the third sentence the following sentences:-
6 Notwithstanding this section or any other general or special law to the contrary, the
7commissioner shall seal records of criminal court appearances and dispositions in the
8commonwealth on file with the commissioner that are eligible for sealing under this section
9within 90 days of the time that they become eligible for sealing after the applicable waiting
10period if the records are not already sealed. The clerk's office of any division of the trial court, 2 of 3
11the commissioner of probation, or any other criminal justice agency, upon request of a person
12whose offense or offenses are sealed, or the person's legal representative, shall provide access to
13the sealed records to the person or the person's legal representative without said person or legal
14representative first obtaining a court order or having to unseal the record.
15 SECTION 3. Section 100B of said chapter 276, as so appearing, is hereby amended by
16inserting after the words “comply with such request”, in lines 5 and 6, the following words:- ,
17within 90 days of receiving such request,
18 SECTION 4. Said section 100B of said chapter 276, as so appearing, is hereby further
19amended by inserting after the second sentence the following sentence:-
20 Notwithstanding this section or any general or special law to the contrary, the
21commissioner shall seal delinquency court appearances and dispositions in the commonwealth
22on file with the commissioner that are eligible for sealing under this section within 90 days of the
23time that they become eligible for sealing after the applicable waiting period if the records are
24not already sealed.
25 SECTION 5. Said section 100B of said chapter 276, as so appearing, is hereby further
26amended by adding the following paragraph: -
27 The words “delinquent” and "delinquency” as used in section 100B shall include any
28offense in the juvenile court whether or not the juvenile was charged as a youthful offender. The
29clerk’s office of any division of the trial court, the commissioner of probation, or any other
30criminal justice agency, upon request of a person whose offense or offenses are sealed, or the
31person’s legal representative, shall provide access to the sealed records to the person or the 3 of 3
32person’s legal representative without said person or legal representative first obtaining a court
33order or having to unseal the record.
34 SECTION 6. Said chapter 276, as so appearing, is hereby further amended by striking out
35section 100Q and inserting in place thereof the following section:-
36 Section 100Q. Unless otherwise provided by law, no person shall make records sealed
37pursuant to sections 100A, 100B, or 100C or expunged pursuant to sections 100F, 100G, 100H,
38100K or 100K1/4 available for inspection in any form by any person.
39 SECTION 7. Notwithstanding any general law or special law to the contrary, as soon as
40practicable, and not later than 6 months after the effective date of this act, the commissioner of
41probation shall seal records of: (i) criminal court appearances and dispositions in the
42commonwealth on file with the commissioner that are eligible for sealing under section 100A of
43chapter 276 of the General Laws; and (ii) delinquency court appearances and dispositions in the
44commonwealth on file with the commissioner that are eligible for sealing under section 100B of
45chapter 276 of the General Laws.
46 SECTION 8. This act shall take effect upon its passage.