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SENATE DOCKET, NO. 949 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1114
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Cindy F. Friedman
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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 requiring clean slate automated record sealing.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Cindy F. FriedmanFourth MiddlesexAdam GomezHampden1/17/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/27/2025John F. KeenanNorfolk and Plymouth1/29/2025Rebecca L. RauschNorfolk, Worcester and Middlesex1/29/2025Mike Connolly26th Middlesex2/10/2025Patricia D. JehlenSecond Middlesex2/19/2025Liz MirandaSecond Suffolk2/25/2025 1 of 6
SENATE DOCKET, NO. 949 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1114
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1114) of Cindy F. Friedman,
Adam Gomez, Joanne M. Comerford, John F. Keenan 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. 979 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act requiring clean slate automated 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 172 of chapter 6 of the General Laws, as appearing in the 2022
2Official edition, is hereby amended by inserting after the last paragraph the following
3paragraph:-
4 (p) The commissioner of probation shall add information in the commissioner’s database
5upon said information’s receipt as to the date of a person’s release from a house of corrections,
6prison or jail to implement automated and expedited record sealing, and the department of
7criminal justice information services shall include the date of a person’s release from a house of
8corrections, prison, or jail for any offense as part of criminal offender record information if the
9date is known to the department. 2 of 6
10 SECTION 2. Section 18 ¾ of chapter 6A of the General Laws, as so appearing, is hereby
11amending by inserting after the last paragraph the following paragraph:-
12 (16) Notwithstanding any other provision of this section to the contrary, the secretary
13shall forthwith establish and implement procedures for the department of correction, any house
14of corrections and any jail to report on the seventh day of each month to the commissioner of
15probation the names, personal identifying information, and the actual dates that any person was
16released from the house of corrections, jail or the department of correction during the prior
17month and also shall provide such information as to other dates of past release for other
18individuals as requested or needed by the commissioner of probation to implement automated
19and expedited sealing of records, and the inclusion of the dates a person was released from
20custody or incarceration on criminal offender and juvenile court activity record information
21reports.
22 SECTION 3. Section 100A of chapter 276 of the General Laws, as so appearing, is
23hereby amended by striking the first paragraph and inserting in place thereof the following three
24paragraphs:-
25 Notwithstanding any law to the contrary, a person shall not be required to file a petition
26or other form of a request in order to seal any record of criminal court appearances and
27dispositions related to a criminal offense in the commonwealth under this section after an
28applicable waiting period, except as specified within this section. The commissioner of probation
29shall establish and implement an automated process for sealing of such records. The
30commissioner shall seal all such records within 30 days of the time that the records became
31eligible for sealing under this section; provided, however, that sealing of any conviction for a sex 3 of 6
32offense, as defined in section 178C of chapter 6, shall require that a person with such records file
33a request for sealing of such convictions with the commissioner on a form provided by the
34commissioner. In the event that records of any offense required to be sealed under this section
35without a request are not sealed due to an error or omission or lack of availability of a court
36record based on the age of said record, a person with such records shall not be precluded from
37seeking relief, and the commissioner of probation shall seal such records forthwith upon receipt
38of any request to seal said record from the person or the person’s legal representative.
39 The commissioner of probation shall provide all defendants at the time of a conviction or
40other disposition of their offense or offenses with a notice that the offense or offenses may be
41sealed in the future without the necessity of filing a petition to seal the records, a brief summary
42of the sealing law, and a list of resources related to sealing of records. The clerk’s office of any
43division of the trial court, the commissioner of probation, and any other criminal justice agency,
44upon request of a person whose records are sealed, or the person’s legal representative, shall
45provide access to the sealed records to the person or the person’s legal representative without
46said person, or legal representative obtaining a court order or having to unseal the records.
47 The commissioner of probation shall seal records of any record of criminal court
48appearances and dispositions related to a criminal offense or offenses in the commonwealth on
49file with the commissioner provided that: (1) the person's court appearance and court disposition,
50including any period of incarceration or custody for any misdemeanor record to be sealed
51occurred not less than 3 years prior to the sealing; (2) the person's court appearance and court
52disposition, including any period of incarceration or custody for any felony record to be sealed
53occurred not less than 7 years prior to the sealing; and (3) the person has not been found guilty of
54any criminal offense in the commonwealth in the case of a misdemeanor, 3 years prior to the 4 of 6
55sealing, and in the case of a felony, 7 years prior to the sealing. This section shall apply to court
56appearances and dispositions of all offenses, with the exception of convictions for violations of
57sections 121 to 129, inclusive, sections 131A to 131D, inclusive, and section 131F of chapter
58140, and convictions for violations of chapter 268 and chapter 268A, which are all excluded
59from sealing, except for convictions for resisting arrest. A person with a possession of marijuana
60offense that was later decriminalized, is not precluded from seeking earlier and immediate
61sealing of the records, if the person files a request for such sealing on a form that shall be
62provided by the commissioner.
63 SECTION 4. Section 100A of said chapter 276, as so appearing, is hereby amended by
64inserting after the word “files”, in line 60, the following words: within 30 days of notification of
65such record sealing.
66 SECTION 5. Section 100B of said chapter 276, as so appearing, is hereby amended by
67 striking out the first paragraph, and inserting in place thereof the following two
68paragraphs: -
69 Notwithstanding any law to the contrary, a person charged as a delinquent or youthful
70offender shall not be required to file a petition or other form of request in order to seal any record
71of criminal court appearances and dispositions related to a juvenile court offense. The
72commissioner of probation shall establish and implement an automated process for sealing of
73such records. The commissioner shall seal said records in the commonwealth on file with the
74commissioner within 30 days after any records become eligible for sealing after the applicable 3-
75year waiting period. The records shall become eligible for sealing when: (1) any court
76appearance or disposition including court supervision, probation, commitment or parole for the 5 of 6
77records to be sealed, terminated not less than 3 years earlier; and (2) said person has not been
78adjudicated delinquent or as a youthful offender, found guilty of any criminal offense in the trial
79court of the commonwealth, or been committed as a juvenile or imprisoned within the
80commonwealth in the preceding 3 years. In the event that records of any offense required to be
81sealed under this section without a petition are not sealed due to an error or omission or lack of
82availability of a court record based on the age of said record, a person with such an offense shall
83not be precluded from seeking relief, and the commissioner of probation shall seal such records
84forthwith upon receipt of a request to seal said records from the person or the person’s legal
85representative.
86 The commissioner of probation shall provide all individuals at the time of an adjudication
87or other final disposition of their offense or offenses with a notice that the offenses may be
88sealed in the future without the necessity of filing a petition to seal the records, a brief summary
89of the sealing law, and a list of resources related to sealing of records. The clerk’s office of any
90division of the trial court, the commissioner of probation, or any other criminal justice agency,
91upon request of a person whose offense or offenses are sealed, or the person’s legal
92representative, shall provide access to the sealed records to the person or the person’s legal
93representative without said person, attorney or legal representative obtaining a court order or
94having to unseal the record.
95 SECTION 6. Section 100B of said chapter 276, as so appearing, is hereby amended by
96inserting after the word “files”, in line 28, the following words:- within 30 days of notification of
97such record sealing. 6 of 6
98 SECTION 7. Said section 100B of said chapter 276, as so appearing, is hereby further
99amended by striking out, in lines 21, 37, 38 and 40, the word “delinquency” each time it appears
100and inserting in place thereof the following words:- juvenile court
101 SECTION 8. Said section 100B of said chapter 276, as so appearing, is hereby further
102amended by striking out in the fourth paragraph the words “a delinquent” and inserting in place
103thereof the following words:- by the juvenile court
104 SECTION 9. Section 100Q of chapter 276, as so appearing, is hereby further amended by
105striking out the words “or section 100B” and inserting in place thereof the following words:- ,
106section 100B or section 100C.
107 SECTION 10. This act shall take effect 18 months following its passage. The
108commissioner of probation shall commence the process of sealing records through the automated
109record sealing process on or before the effective date of this act.
110 SECTION 11. Notwithstanding any general law or special law to the contrary, as soon as
111practicable, and not later than 3 months after the effective date of this act, the commissioner of
112probation shall seal any other records in its computerized database of: (i) all past criminal court
113appearances and dispositions in the commonwealth on file with the commissioner that are
114eligible for sealing under section 100A of chapter 276; and (ii) all past juvenile court offenses in
115the commonwealth on file with the commissioner that are eligible for sealing under section 100B
116of chapter 276. In the event that records of any offense that is eligible for sealing are not sealed,
117a person with such records shall not be precluded from seeking other relief, and the
118commissioner of probation shall seal such records forthwith upon receipt of any request to seal
119said records from the person or the person’s legal representative.