Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1693 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2078 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1693
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brandy Fluker-Reid
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to remove collateral consequences and protect the presumption of innocence.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker-Reid12th Suffolk1/15/2025Lindsay N. Sabadosa1st Hampshire2/6/2025Natalie M. Higgins4th Worcester2/6/2025Erika Uyterhoeven27th Middlesex2/6/2025Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2025Sean Reid11th Essex2/6/2025Samantha Montaño15th Suffolk2/6/2025Patricia A. Duffy5th Hampden2/19/2025James C. Arena-DeRosa8th Middlesex3/5/2025Antonio F. D. Cabral13th Bristol3/6/2025 1 of 4
16	16	HOUSE DOCKET, NO. 2078 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1693
18	18	By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 1693) of
19	19	Brandy Fluker-Reid and others for legislation to remove collateral consequences and protect the
20	20	presumption of innocence. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1493 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act to remove collateral consequences and protect the presumption of innocence.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 172(a)(3) of chapter 6, as appearing in the 2022 Official Edition, is
32	32	2hereby amended by striking the number “10” in the second sentence in subsection (i) and
33	33	3inserting in place thereof, the following number:- 7.
34	34	4 SECTION 2. Section 172(a)(3) of chapter 6, as appearing in the 2022 Official Edition, is
35	35	5hereby amended by striking the number “5” in subsection (ii) and inserting in place thereof, the
36	36	6following number:- 3.
37	37	7 SECTION 3. Section 100A of chapter 276, as appearing in the 2022 Official Edition, is
38	38	8hereby amended by inserting after the second sentence the following sentence:- “The 2 of 4
39	39	9commissioner shall also comply with the request for sealing without imposing a waiting period
40	40	10for any offense that did not result in a conviction or “guilty file” disposition.
41	41	11 SECTION 4. Section 100B of chapter 276, as appearing in the 2022 Official Edition, is
42	42	12hereby amended after the last sentence in the first paragraph, the following two paragraphs:-
43	43	13 The words "delinquent" and "delinquency" as used in this section shall include and
44	44	14pertain to any juvenile offense, including where the juvenile is charged as or adjudicated a
45	45	15youthful offender, as long as the juvenile offense was not transferred from the juvenile court or a
46	46	16juvenile session to another court, or not filed in superior court.
47	47	17 Notwithstanding the above provisions, the clerk and the commissioner shall seal all
48	48	18records related to any offense immediately if the offense did not result in an adjudication, absent
49	49	19an objection from the juvenile upon final disposition of the offense, including completion of any
50	50	20period of court-ordered supervision or other court ordered conditions related to the offense. The
51	51	21juvenile shall not be required to file a petition or other request to seal the offense or offenses. A
52	52	22juvenile who objected to sealing of an offense or who otherwise has an unsealed offense that did
53	53	23not result in an adjudication shall be permitted to request sealing of the same offense at a later
54	54	24time, and the commissioner shall seal any such eligible offense upon request.
55	55	25 SECTION 5. Section 100C of chapter 276, as appearing in the 2022 Official Edition, is
56	56	26hereby amended by striking the first and second paragraph and inserting in place thereof the
57	57	27following paragraphs:-
58	58	28 (a) Whenever a criminal court offense does not result in a conviction, the clerk and the
59	59	29commissioner shall seal all records related to the offense immediately absent an objection from
60	60	30the defendant upon final disposition of the offense, including completion of any period of court- 3 of 4
61	61	31ordered supervision or other court ordered conditions for the offense. The individual shall not be
62	62	32required to file a petition or other request to seal the charge or charges. A person who objects to
63	63	33sealing or who otherwise has an unsealed offense that did not result in a conviction shall be
64	64	34permitted to request sealing of the same offense at a later time, and the commissioner shall seal
65	65	35any such eligible offense upon request. Nothing in this section shall prohibit the commissioner
66	66	36from sealing any eligible offense pursuant to section 100A of this chapter.
67	67	37 (b) For the purposes of this section, a conviction is defined only as a finding of guilt, and
68	68	38does not include a continuance without a finding.
69	69	39 SECTION 6. Section 172 of chapter 6, as appearing in the 2022 Official Edition, is
70	70	40hereby amended by adding after subsection (o), the following new subsection :- (p) When the
71	71	41department provides any requestor with criminal offender record information about any pending
72	72	42charge or any offense that did not result in a criminal conviction, the department shall provide a
73	73	43written statement to the requestor that “A presumption of innocence applies to an individual with
74	74	44an offense that did not result in a conviction or is still pending,”
75	75	45 SECTION 7. Section 100Q of chapter 276, as appearing in the 2022 Official Edition, is
76	76	46hereby amended by inserting after the first sentence the following two sentences:-
77	77	47 The clerk’s office of any division of the trial court, the commissioner of probation, or any
78	78	48other criminal justice agency, upon request of a person whose offense or offenses are sealed, or
79	79	49the person’s legal representative, shall provide access to the sealed records to the individual or
80	80	50the individual’s legal representative without said person or legal representative obtaining a court
81	81	51order to unseal the record or taking other action. Immediately prior to sealing or expungement, 4 of 4
82	82	52the clerk’s office of any division of the trial court or the commissioner of probation shall provide
83	83	53a certified copy of the criminal offender record information to the individual for personal use.