Helping Massachusetts clients seal criminal records to remove barriers to employment, housing, and a fresh start.
I spent years as a prosecutor watching people plead guilty to misdemeanors or accept CWOFs thinking the matter was behind them. In many cases, it was not. A criminal record, even for a minor offense, can cost you a job, an apartment, or a professional license years after you have completed your sentence and moved on with your life. Massachusetts law recognizes this reality. Under G.L. c. 276, § 100A, eligible individuals can petition to seal their criminal records, removing them from the standard CORI (Criminal Offender Record Information) checks that employers, landlords, and licensing boards rely on.
I now help clients navigate this process, using the same attention to detail and legal rigor I bring to appellate work. A petition to seal is a legal proceeding with real stakes, and the difference between a well-prepared petition and a poorly prepared one is often the difference between a fresh start and a record that continues to follow you.
These terms are often confused, but they are distinct legal processes with very different outcomes. Sealing under § 100A restricts public access to your record. The record still exists in the court system and remains accessible to law enforcement, but it will not appear on standard background checks. For most practical purposes, a sealed record is invisible to the public.
Expungement under G.L. c. 276, § 100K is far more limited. It permanently destroys the record as if it never existed, but it is available only in narrow circumstances: identity fraud, errors by the court or law enforcement, or certain offenses committed by individuals under age 21. For the vast majority of people, sealing is the path forward.
Eligibility depends on the type of offense, the disposition, and how much time has passed. The statutory waiting periods are straightforward:
| Disposition | Waiting Period |
|---|---|
| Misdemeanor Convictions | 3 years after disposition (completion of sentence, probation, or fines) |
| Felony Convictions | 7 years after disposition |
| Non-Convictions (Misdemeanor or Felony) | 3 years after disposition (dismissals, not guilty findings, nolle prosequi) |
Not all offenses are eligible. The statute excludes sex offenses requiring registration under G.L. c. 6, § 178C, firearms offenses under G.L. c. 269, and certain offenses involving abuse or violence where specific statutory exclusions apply.
Eligibility is not always obvious. The specific facts, disposition, and timing matter, and some situations that appear ineligible on their face may be viable with the right legal analysis. I evaluate every record individually before advising whether to proceed.
A broad range of criminal record entries are eligible for sealing. Convictions for both misdemeanors (after 3 years) and felonies (after 7 years) can be sealed, provided the offense is not among those excluded by statute. Dismissals, where the court or the prosecution ended the case, and not guilty findings from trial or bench trial are also eligible. The same is true for nolle prosequi entries, where the prosecution declined to proceed. Continuances without a finding (CWOFs) can be sealed after the probationary period ends and the case is dismissed.
Non-conviction dispositions present a stronger case for sealing, but a petition must still be filed and the statutory requirements met.
You file a petition with the Commissioner of Probation identifying the specific entries you seek to seal, along with supporting documentation. Getting this right from the start is critical, because errors or omissions can cause unnecessary delays.
The Commissioner evaluates the petition and either agrees to seal the record or objects. If the Commissioner agrees, the record is sealed without a hearing, and the process is complete.
If the Commissioner objects, the matter moves to a hearing before a judge. The burden is on you to demonstrate that sealing serves the interests of justice. The judge considers the nature of the offense, the time elapsed since disposition, your conduct and rehabilitative efforts, and the concrete impact the record has had on your life.
The judge weighs your interest in sealing against the public's interest in maintaining access. If the balance tips in your favor, the record is ordered sealed.
The consequences of a criminal record are real and far-reaching, and sealing removes them.
Employment is often the single most important reason people seek sealing. Sealed records do not appear on standard CORI checks, Massachusetts law prohibits most employers from asking about sealed records, and you are not required to disclose them on applications. For many clients, this alone transforms their ability to earn a living.
Housing is another area where a sealed record makes an immediate difference. Landlords running background checks will not see sealed records, removing a barrier that can be nearly impossible to overcome in a competitive housing market.
Professional licensing boards frequently require criminal history disclosure. A sealed record is generally not required to be disclosed, though some boards with access to sealed CORI may still see it. I advise clients on the specific rules for their industry so there are no surprises.
Beyond these tangible benefits, many clients find that peace of mind is the most valuable outcome: knowing that a past mistake will not surface on every job application, lease agreement, or background check for the rest of their lives.
A petition to seal is not a form you fill out and drop in the mail. When the Commissioner of Probation objects, you are in a contested hearing before a judge, arguing that the balance of interests favors sealing. The judge is weighing the seriousness of the offense, the passage of time, your rehabilitation, and the impact on your life. This is legal advocacy, and the quality of your presentation matters.
I bring the same preparation to sealing petitions that I bring to appellate briefs. That starts with record analysis: I review your complete CORI to identify every entry eligible for sealing, including entries you may not be aware of. From there, I focus on strategic petition preparation, building a well-documented petition with supporting evidence that reduces the likelihood of a Commissioner objection and strengthens your position if one comes.
If the Commissioner does object, my hearing advocacy draws on evidence of rehabilitation, employment history, community ties, and the tangible harm the record has caused. I know what judges weigh and how to frame the argument. For clients with multiple entries, I develop a comprehensive strategy to seal as many eligible entries as possible, whether simultaneously or in sequence depending on the circumstances.
Sealing a record under G.L. c. 276, § 100A restricts public access to the record, but the record still exists and can be accessed by law enforcement and certain government agencies. Expungement under G.L. c. 276, § 100K permanently destroys the record as if it never existed. Expungement is available only in very limited circumstances, such as cases involving identity fraud, errors by the court or law enforcement, or certain offenses committed by individuals under age 21. For most people, sealing is the more accessible and commonly used option.
The waiting period depends on the type of offense and the disposition. Misdemeanor convictions require a 3-year wait after the disposition. Felony convictions require a 7-year wait. Non-conviction dispositions (dismissals, not guilty findings, nolle prosequi) require a 3-year wait for both misdemeanors and felonies. The waiting period runs from the completion of any sentence, probation, or payment of fines.
A sealed record will not appear on a standard CORI check, which is the type used by most employers, landlords, and licensing boards. However, sealed records remain accessible to law enforcement agencies, the courts, and certain government entities. For most practical purposes, including employment and housing applications, a sealed record will not appear.
Yes, in certain circumstances. A court can order a sealed record to be unsealed if there is good cause, such as when the record is relevant to a pending criminal case or a professional licensing inquiry. Law enforcement also retains access to sealed records. However, unsealing requires a court order and a demonstrated legitimate reason for access. It is not automatic.
You are not legally required to have an attorney, but having one significantly improves your chances of success. The Commissioner of Probation may object to your petition, and a judge will weigh multiple factors in deciding whether sealing serves the interests of justice. An experienced attorney can anticipate objections, prepare persuasive arguments, and present your case effectively at the hearing.