HOUSE DOCKET, NO. 3736        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3250

The Commonwealth of Massachusetts

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PRESENTED BY:

Tackey Chan

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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 expunged records.

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PETITION OF:

HOUSE DOCKET, NO. 3736        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3250

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to expunged records.

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. Subsection (a) of section 100F of chapter 276 of the General Laws, as appearing in section 195 of chapter 69 of the acts of 2018, is hereby amended by striking the first sentence and inserting in place thereof the following sentence:-

A petitioner who has a record as an adjudicated delinquent or adjudicated youthful offender for one or more offenses which are based on the same criminal conduct in a single episode and were charged in the same complaint or youthful offender indictment may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record.

SECTION 2. Subsection (a) of section 100G of said chapter 276, as so appearing, is hereby amended by striking the first sentence and inserting in place thereof the following sentence:-

A petitioner who has a record of conviction for one or more offenses which are based on the same criminal conduct in a single episode and were charged in the same criminal complaint or indictment may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record.

SECTION 3. Subsection (a) of section 100H of said chapter 276, as so appearing, is hereby amended by striking the first sentence and inserting in place thereof the following sentence:-

A petitioner who has a record that does not include an adjudication, as a delinquent an adjudication as a youthful offender, or a conviction for one or more offenses which are based on the same criminal conduct in a single episode and were charged in the same complaint, youthful offender indictment, criminal complaint or indictment may, on a form furnished by the commissioner signed under the penalties of perjury, petition that the commissioner expunge the record.

SECTION 4. Subsection (a) of Section 100I of said chapter 276, as so appearing, is hereby amended by striking out subsections (1) to (5) in their entirety and inserting in place thereof the following subsections:-

(1) the offense or offenses resulting in the record that is the subject of the petition is not a criminal offense included in section 100J;

(2) the offense or offenses that are the subject of the petition to expunge the record occurred before the petitioner’s twenty-first birthday;

(3) any offense that is part of same complaint, youthful offender indictment, criminal complaint, or indictment that is the subject of the petition to expunge the record, including any period of incarceration, custody or probation, occurred not less than 7 years before the date on which the petition was filed if the record that is the subject of the petition includes a felony offense, and not less than 3 years before the date on which the petition was filed if the record that is the subject of the petition includes only misdemeanor offenses.

(4) other than motor vehicle offenses in which the penalty does not exceed a fine of $50 and the offense or offenses that are the subject of the petition to expunge, the petitioner does not have any other criminal court appearances, juvenile court appearances or dispositions on file with the commissioner;

(5) other than motor vehicle offenses in which the penalty does not exceed a fine of $50 and the offense or offenses that are the subject of the petition to expunge, the petitioner does not have any other criminal court appearances, juvenile court appearances or dispositions on file in any other state, United States possession or in a court of federal jurisdiction; and