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SENATE DOCKET, NO. 1168 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 979
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cindy F. Friedman
_________________
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 :Cindy F. FriedmanFourth MiddlesexKelly W. Pease4th Hampden1/31/2023Jason M. LewisFifth Middlesex1/31/2023Joanne M. ComerfordHampshire, Franklin and Worcester1/31/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/1/2023Lydia EdwardsThird Suffolk2/2/2023Sal N. DiDomenicoMiddlesex and Suffolk2/8/2023Patricia D. JehlenSecond Middlesex2/14/2023Michael O. MooreSecond Worcester2/15/2023Julian CyrCape and Islands2/22/2023John F. KeenanNorfolk and Plymouth2/23/2023Paul R. FeeneyBristol and Norfolk3/2/2023 1 of 3
SENATE DOCKET, NO. 1168 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 979
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 979) of Cindy F. Friedman, Kelly
W. Pease, Jason M. Lewis, Joanne M. Comerford and other members of the General Court for
legislation to provide easier and greater access to record sealing. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1037 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 2 of 3
10period if the records are not already sealed. The clerk’s office of any division of the trial court,
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 100K¼, 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.