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| 2 | 2 | | SENATE DOCKET, NO. 75 FILED ON: 1/10/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 988 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Anne M. Gobi |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to the expungement of non-convictions. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Anne M. GobiWorcester and HampshireBrian M. Ashe2nd Hampden2/1/2023 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 75 FILED ON: 1/10/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 988 |
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| 18 | 18 | | By Ms. Gobi, a petition (accompanied by bill, Senate, No. 988) of Anne M. Gobi and Brian M. |
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| 19 | 19 | | Ashe for legislation relative to the expungement of non-convictions. The Judiciary. |
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| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 21 | 21 | | SEE SENATE, NO. 1042 OF 2021-2022.] |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Third General Court |
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| 25 | 25 | | (2023-2024) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act relative to the expungement of non-convictions. |
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| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 29 | 29 | | of the same, as follows: |
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| 30 | 30 | | 1 Section 100K of Chapter 276 of the Massachusetts General Laws is hereby amended by |
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| 31 | 31 | | 2including, after subsection (a) the following new subsection: |
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| 32 | 32 | | 3 (xx) Notwithstanding the requirements of section 100I and section 100J, a court may |
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| 33 | 33 | | 4further order the expungement of a record created as a result of a criminal court appearance, |
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| 34 | 34 | | 5juvenile court appearance or dispositions if: |
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| 35 | 35 | | 6 (1) such court appearance resulted in the accused, by a final judgment, being found non- |
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| 36 | 36 | | 7guilty of the charge or the charge is dismissed; |
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| 37 | 37 | | 8 (2) a charge in a criminal case has been nolled in the Superior Court and at least thirteen |
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| 38 | 38 | | 9months have elapsed since such nolle; or 2 of 2 |
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| 39 | 39 | | 10 (3) a charge in a criminal case has been continued at the request of the prosecuting |
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| 40 | 40 | | 11attorney, and a period of thirteen months has elapsed since the granting of such continuance |
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| 41 | 41 | | 12during which period there has been no prosecution or other disposition of the matter. |
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