Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1114 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 949 FILED ON: 1/15/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1114
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Cindy F. Friedman
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 requiring clean slate automated record sealing.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	SENATE DOCKET, NO. 949 FILED ON: 1/15/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1114
18	18	By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1114) of Cindy F. Friedman,
19	19	Adam Gomez, Joanne M. Comerford, John F. Keenan and other members of the General Court
20	20	for legislation to provide easier and greater access to record sealing. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 979 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 requiring clean slate automated record sealing.
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 of chapter 6 of the General Laws, as appearing in the 2022
32	32	2Official edition, is hereby amended by inserting after the last paragraph the following
33	33	3paragraph:-
34	34	4 (p) The commissioner of probation shall add information in the commissioner’s database
35	35	5upon said information’s receipt as to the date of a person’s release from a house of corrections,
36	36	6prison or jail to implement automated and expedited record sealing, and the department of
37	37	7criminal justice information services shall include the date of a person’s release from a house of
38	38	8corrections, prison, or jail for any offense as part of criminal offender record information if the
39	39	9date is known to the department. 2 of 6
40	40	10 SECTION 2. Section 18 ¾ of chapter 6A of the General Laws, as so appearing, is hereby
41	41	11amending by inserting after the last paragraph the following paragraph:-
42	42	12 (16) Notwithstanding any other provision of this section to the contrary, the secretary
43	43	13shall forthwith establish and implement procedures for the department of correction, any house
44	44	14of corrections and any jail to report on the seventh day of each month to the commissioner of
45	45	15probation the names, personal identifying information, and the actual dates that any person was
46	46	16released from the house of corrections, jail or the department of correction during the prior
47	47	17month and also shall provide such information as to other dates of past release for other
48	48	18individuals as requested or needed by the commissioner of probation to implement automated
49	49	19and expedited sealing of records, and the inclusion of the dates a person was released from
50	50	20custody or incarceration on criminal offender and juvenile court activity record information
51	51	21reports.
52	52	22 SECTION 3. Section 100A of chapter 276 of the General Laws, as so appearing, is
53	53	23hereby amended by striking the first paragraph and inserting in place thereof the following three
54	54	24paragraphs:-
55	55	25 Notwithstanding any law to the contrary, a person shall not be required to file a petition
56	56	26or other form of a request in order to seal any record of criminal court appearances and
57	57	27dispositions related to a criminal offense in the commonwealth under this section after an
58	58	28applicable waiting period, except as specified within this section. The commissioner of probation
59	59	29shall establish and implement an automated process for sealing of such records. The
60	60	30commissioner shall seal all such records within 30 days of the time that the records became
61	61	31eligible for sealing under this section; provided, however, that sealing of any conviction for a sex 3 of 6
62	62	32offense, as defined in section 178C of chapter 6, shall require that a person with such records file
63	63	33a request for sealing of such convictions with the commissioner on a form provided by the
64	64	34commissioner. In the event that records of any offense required to be sealed under this section
65	65	35without a request are not sealed due to an error or omission or lack of availability of a court
66	66	36record based on the age of said record, a person with such records shall not be precluded from
67	67	37seeking relief, and the commissioner of probation shall seal such records forthwith upon receipt
68	68	38of any request to seal said record from the person or the person’s legal representative.
69	69	39 The commissioner of probation shall provide all defendants at the time of a conviction or
70	70	40other disposition of their offense or offenses with a notice that the offense or offenses may be
71	71	41sealed in the future without the necessity of filing a petition to seal the records, a brief summary
72	72	42of the sealing law, and a list of resources related to sealing of records. The clerk’s office of any
73	73	43division of the trial court, the commissioner of probation, and any other criminal justice agency,
74	74	44upon request of a person whose records are sealed, or the person’s legal representative, shall
75	75	45provide access to the sealed records to the person or the person’s legal representative without
76	76	46said person, or legal representative obtaining a court order or having to unseal the records.
77	77	47 The commissioner of probation shall seal records of any record of criminal court
78	78	48appearances and dispositions related to a criminal offense or offenses in the commonwealth on
79	79	49file with the commissioner provided that: (1) the person's court appearance and court disposition,
80	80	50including any period of incarceration or custody for any misdemeanor record to be sealed
81	81	51occurred not less than 3 years prior to the sealing; (2) the person's court appearance and court
82	82	52disposition, including any period of incarceration or custody for any felony record to be sealed
83	83	53occurred not less than 7 years prior to the sealing; and (3) the person has not been found guilty of
84	84	54any criminal offense in the commonwealth in the case of a misdemeanor, 3 years prior to the 4 of 6
85	85	55sealing, and in the case of a felony, 7 years prior to the sealing. This section shall apply to court
86	86	56appearances and dispositions of all offenses, with the exception of convictions for violations of
87	87	57sections 121 to 129, inclusive, sections 131A to 131D, inclusive, and section 131F of chapter
88	88	58140, and convictions for violations of chapter 268 and chapter 268A, which are all excluded
89	89	59from sealing, except for convictions for resisting arrest. A person with a possession of marijuana
90	90	60offense that was later decriminalized, is not precluded from seeking earlier and immediate
91	91	61sealing of the records, if the person files a request for such sealing on a form that shall be
92	92	62provided by the commissioner.
93	93	63 SECTION 4. Section 100A of said chapter 276, as so appearing, is hereby amended by
94	94	64inserting after the word “files”, in line 60, the following words: within 30 days of notification of
95	95	65such record sealing.
96	96	66 SECTION 5. Section 100B of said chapter 276, as so appearing, is hereby amended by
97	97	67 striking out the first paragraph, and inserting in place thereof the following two
98	98	68paragraphs: -
99	99	69 Notwithstanding any law to the contrary, a person charged as a delinquent or youthful
100	100	70offender shall not be required to file a petition or other form of request in order to seal any record
101	101	71of criminal court appearances and dispositions related to a juvenile court offense. The
102	102	72commissioner of probation shall establish and implement an automated process for sealing of
103	103	73such records. The commissioner shall seal said records in the commonwealth on file with the
104	104	74commissioner within 30 days after any records become eligible for sealing after the applicable 3-
105	105	75year waiting period. The records shall become eligible for sealing when: (1) any court
106	106	76appearance or disposition including court supervision, probation, commitment or parole for the 5 of 6
107	107	77records to be sealed, terminated not less than 3 years earlier; and (2) said person has not been
108	108	78adjudicated delinquent or as a youthful offender, found guilty of any criminal offense in the trial
109	109	79court of the commonwealth, or been committed as a juvenile or imprisoned within the
110	110	80commonwealth in the preceding 3 years. In the event that records of any offense required to be
111	111	81sealed under this section without a petition are not sealed due to an error or omission or lack of
112	112	82availability of a court record based on the age of said record, a person with such an offense shall
113	113	83not be precluded from seeking relief, and the commissioner of probation shall seal such records
114	114	84forthwith upon receipt of a request to seal said records from the person or the person’s legal
115	115	85representative.
116	116	86 The commissioner of probation shall provide all individuals at the time of an adjudication
117	117	87or other final disposition of their offense or offenses with a notice that the offenses may be
118	118	88sealed in the future without the necessity of filing a petition to seal the records, a brief summary
119	119	89of the sealing law, and a list of resources related to sealing of records. The clerk’s office of any
120	120	90division of the trial court, the commissioner of probation, or any other criminal justice agency,
121	121	91upon request of a person whose offense or offenses are sealed, or the person’s legal
122	122	92representative, shall provide access to the sealed records to the person or the person’s legal
123	123	93representative without said person, attorney or legal representative obtaining a court order or
124	124	94having to unseal the record.
125	125	95 SECTION 6. Section 100B of said chapter 276, as so appearing, is hereby amended by
126	126	96inserting after the word “files”, in line 28, the following words:- within 30 days of notification of
127	127	97such record sealing. 6 of 6
128	128	98 SECTION 7. Said section 100B of said chapter 276, as so appearing, is hereby further
129	129	99amended by striking out, in lines 21, 37, 38 and 40, the word “delinquency” each time it appears
130	130	100and inserting in place thereof the following words:- juvenile court
131	131	101 SECTION 8. Said section 100B of said chapter 276, as so appearing, is hereby further
132	132	102amended by striking out in the fourth paragraph the words “a delinquent” and inserting in place
133	133	103thereof the following words:- by the juvenile court
134	134	104 SECTION 9. Section 100Q of chapter 276, as so appearing, is hereby further amended by
135	135	105striking out the words “or section 100B” and inserting in place thereof the following words:- ,
136	136	106section 100B or section 100C.
137	137	107 SECTION 10. This act shall take effect 18 months following its passage. The
138	138	108commissioner of probation shall commence the process of sealing records through the automated
139	139	109record sealing process on or before the effective date of this act.
140	140	110 SECTION 11. Notwithstanding any general law or special law to the contrary, as soon as
141	141	111practicable, and not later than 3 months after the effective date of this act, the commissioner of
142	142	112probation shall seal any other records in its computerized database of: (i) all past criminal court
143	143	113appearances and dispositions in the commonwealth on file with the commissioner that are
144	144	114eligible for sealing under section 100A of chapter 276; and (ii) all past juvenile court offenses in
145	145	115the commonwealth on file with the commissioner that are eligible for sealing under section 100B
146	146	116of chapter 276. In the event that records of any offense that is eligible for sealing are not sealed,
147	147	117a person with such records shall not be precluded from seeking other relief, and the
148	148	118commissioner of probation shall seal such records forthwith upon receipt of any request to seal
149	149	119said records from the person or the person’s legal representative.