What does the current law say about expungement?

Effective October 2020, there are two types of expungement that individuals in Massachusetts may be eligible for:

1. If the offense was committed prior to age 21:

  • The offense and the end of the sentence (incarceration, probation, parole) was at least 3 years ago for misdemeanors, or 7 years ago for felonies;

  • The case must now be closed and the person must have no other pending charges anywhere in the US;

  • There can be no more than two cases on your record regardless if they ended in a conviction, juvenile adjudication or without a conviction or juvenile adjudication;*

  • Many felonies are not eligible for expungement.*

*Our campaign would open up expungement to individuals who are disqualified by these criteria. Learn more about the campaign.

2. If the record resulted because of an error or the offense is now decriminalized:

  • The offense is no longer a crime, e.g. possession of less than 2 oz. of marijuana, “disturbing a lawful or school assembly” or “disorderly conduct” by students under age 18, and other decriminalized offenses;

  • Someone falsely used the record holder’s identity or the person was misidentified;

  • “Demonstrable” errors by law enforcement, witnesses, or court staff that led to the creation of the record;

  • Fraud on the court (corruption in the court process).

In these cases, there is no waiting period before you can apply for expungement.