SENATE DOCKET, NO. 1836        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1075

The Commonwealth of Massachusetts

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PRESENTED BY:

Jason M. Lewis

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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 relative to the expungement of convictions for marijuana possession.

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PETITION OF:

SENATE DOCKET, NO. 1836        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1075

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the expungement of convictions for marijuana possession.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 258D of the General Laws is hereby amended after section 7 by adding the following section:-

Section 7A. (a) The court may enter an order directing the expungement of records maintained by the department of criminal justice information services on offenses related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and any sentence related to a  conviction for possession of up to 1 ounce of cannabis. Copies of the order shall be sent to each agency, department, or official named therein.

A person convicted for possession of up to 1 ounce of cannabis may petition the court for expungement and it may be granted subject to the discretion of the judge. The judge shall make determination based on all available records and pleadings.

If the judge denies a petition for expungement, the petitioner may appeal the decision of the judge to a higher court.

(b) Any order to expunge entered by the court shall provide that, in any employment application, the person may answer “no record” as to any charges expunged pursuant to this section in response to an inquiry regarding prior felony arrests, court appearances or criminal convictions.

The charges and convictions expunged shall not operate to disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or any other political subdivision thereof, nor shall such charges and convictions be used against a person in any way in any court proceedings or hearings before any court, board or commission to which he is a party to the proceedings.

For the purpose of this section the words, expunge, expunged, or expungement, shall mean permanent erasure or destruction.