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SENATE DOCKET, NO. 1907 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1058
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cynthia Stone Creem
_________________
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 relative to expungement of juvenile and young adult records.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Cynthia Stone CreemNorfolk and Middlesex 1 of 5
SENATE DOCKET, NO. 1907 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1058
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1058) of Cynthia Stone Creem for
legislation to expunge juvenile and young adult records. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 936 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to expungement of juvenile and young adult records.
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. The first paragraph of Section 60A of chapter 119 of the General Laws, as
2appearing in the 2022 Official Edition, is hereby amended by striking out the first sentence.
3 SECTION 2. Said first paragraph of Section 60A of chapter 119 of the General Laws, is
4hereby further amended by striking out in line 4 of the second sentence the word “other” and by
5inserting between the words “delinquency” and “arising” in lines 4 and 5, the following words:-
6and youthful offender proceedings
7 SECTION 3. Section 100E of chapter 276 of the General Laws is hereby amended by
8striking the definition “Expunge”, “expunged”, or “expungement” and inserting in place
9thereof:- 2 of 5
10 “Expunge”, “expunged”, or “expungement”, the permanent erasure or destruction of a
11record so that the record is no longer accessible to, or maintained by, the court, any criminal
12justice agencies or any other state agency, municipal agency or county agency. Nothing in this
13Section shall be construed to prohibit the maintenance of information relating to an offense after
14records or files concerning the offense have been expunged if the information is kept in a manner
15that does not enable identification of the petitioner. This information may only be used for
16statistical and bona fide research purposes. If the record contains information on a person other
17than the petitioner, it may be maintained with all identifying information of the petitioner
18permanently obliterated or erased.
19 SECTION 4. Said section 100E of chapter 276 of the General Laws is hereby further
20amended by striking the words “or disposition of an offense” in the definition of “record” and
21inserting in place there of the following words:- “or disposition of any offense”
22 SECTION 5. The first sentence of subsection (a) of section 100F of chapter 276 of the
23General Laws is hereby amended by striking the following words:- “not more than 2”
24 SECTION 6. The first sentence of subsection (a) of section 100H of chapter 276 of the
25General Laws is hereby amended by striking the following words, “who has not more than 2
26records that do not include an adjudication as a delinquent, an adjudication as a youthful offender
27or a conviction” and inserting in place thereof the following words:- “who has any criminal or
28juvenile record where the disposition did not include an adjudication or conviction”
29 SECTION 7. Clause (a)(3) of section 100I of chapter 276 of the General Laws is hereby
30amended by striking the clause and inserting in place thereof the following words:- 3 of 5
31 (3) all offenses that are the subject of the petition to expunge the record or records,
32including any period of incarceration, custody or probation, occurred not less than 7 years before
33the date on which the petition was filed if the record or records that are the subject of the petition
34include a felony unless the offense was an offense tried in juvenile court, and not less than 3
35years before the date on which the petition was filed if the record or records that are the subject
36of the petition only include a misdemeanor or misdemeanors or offenses tried in juvenile court;
37 SECTION 8: Section 100J of chapter 276 of the General Laws is hereby amended by
38striking out, section 100J, and inserting in place thereof the following section:
39 Section 100J. None of the following offenses are eligible for expungement under section
40100F, 100G, or 100H:
41 (1) conviction for any offense resulting death or serious bodily injury as defined pursuant
42to section 13K of chapter 265;
43 (2) conviction for any sex offense that can never be sealed under section 178G of chapter
446 of the General Laws; or
45 (3) conviction of a violation of an order issued pursuant to section 18 or 34B of chapter
46208, section 32 of chapter 209, chapter 209A, section 15 of chapter 209C, or chapter 258E.
47 SECTION 9. Section 100K of said chapter 276 of the General Laws is hereby amended
48by striking the following words “or (6) demonstrable fraud perpetrated upon the court.” and
49inserting in place thereof the following words:-
50 (6) demonstrable fraud perpetrated upon the court; or (7) alleged delinquent conduct of a
51child under age 12. 4 of 5
52 SECTION 10. Chapter 276 of the General Laws is hereby amended by inserting after
53section 100U, the following two sections:-
54 Section 100V. Notwithstanding any other provision to the contrary, after an arrest of a
55person under the age of criminal majority, law enforcement and criminal justice agencies shall
56no longer transmit fingerprints and any records related to the arrest or filing of a court case
57against the person to the Federal Bureau of Investigation or the Department of Justice for any
58offense that occurred before the age of criminal majority, except for purposes of requesting that
59the Federal Bureau of Investigation or the Department of Justice seal or expunge its records as
60required by section 100T of this chapter and section 36 of chapter 22C of the General laws.
61 Section 100W. The office of the commissioner of probation shall collect and annually
62report on:
63 a) the number of petitions and number of allowances and denials on petitions for sealing,
64pursuant to sections 100B and 100C, separately, of Chapter 276 of the General Laws;
65 b) the number of petitions and number of allowances and denials of petitions for
66expungement, pursuant to sections 100F, 100G and 100H, separately, of Chapter 276 of the
67General Laws
68 c) the number of petitions and number of allowances and denials of petitions for
69expungement, pursuant to section 100K of Chapter 276 of the General Laws; and
70 d) the number of petitions and number of allowances and denials on petitions for sealing,
71pursuant to section 100A of Chapter 276 of the General Laws. 5 of 5
72 e) the number of denials pursuant to sections 100I and 100J, separately, of Chapter 276 of
73the General Laws.
74 Said report shall submitted to the joint committee chairs of the joint committee on the
75judiciary and the clerks of the house of representatives and senate to the house and senate no
76later than 75 days after the end of the fiscal year and made available to the public.