Page 24 - BusinessWest October 3, 2022

Case in Point
SJC Ruling Clarifies Standards for Expunging of Criminal Records
By Justice Mary-Lou Rup and Briana Dawkins, Esq.
Arecent decision from the Massachusetts Supreme Judicial Court (SJC), Commonwealth v. K.W., clarifies the standard for persons seeking to expunge records of criminal court appearances
and dispositions from their state criminal records (known as Criminal Offender Record Information, or CORI) and court and criminal justice agency records.
By way of background, it is important to first understand that in Massachusetts, individuals may seek to clear their CORI in one of two ways: through sealing or expungement. If sealed, the record still exists but is unavailable to the general public. If expunged, the record no longer exists.
Petition to Seal Record (Mass. General Laws, Ch. 276, Secs. 100A-100D)
With some exceptions, one can petition the commissioner of Probation to seal disposed cases after a period (three years for misdemean- ors and seven years for felonies) beginning on the later of the date of a guilty finding or release from incarceration, with no intervening criminal convictions. A judge can allow immediate sealing if the charge ends with a finding of not guilty or no probable cause, dismissal, or nolle prosequi,
and must allow a petition to seal for first-offense convictions (with successful completion of pro- bation), not-guilty findings, dismissals, or nolle prosequi of possession of marijuana or Class E controlled substances or in the presence of a per-
can report having no record as to the sealed offense. However, courts, police, criminal-justice agencies, and certain other entities still have immediate access to sealed records.
“An expungement order results in perma- nent erasure and destruction of the record of the qualifying offense. Expungement of the record for a qualifying offense will have no effect on the existence of other records related to the same or other incidences.”
Petition to Expunge Record (Mass. General Laws, Ch. 276, Secs. 100F-100P)
In 2018, as part of the Criminal Justice Reform Act, the state Leg-
JUSTICE MARY-LOU RUP
BRIANA DAWKINS
son in possession of heroin, as well as decrimi- nalized offenses.
For other offenses, sealing is discretionary, and the petitioner must show ‘good cause’ — that continued public availability of the record creates a current or foreseeable future disadvan- tage. If sealed, the courts will report ‘no record’ to criminal background checks, and the individual, if asked (such as on an employment application),
islature created two pathways for
Records
Continued on page 27
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