HOUSE DOCKET, NO. 3560        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1568

The Commonwealth of Massachusetts

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PRESENTED BY:

Brandy Fluker Oakley

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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 to remove collateral consequences and protect the presumption of innocence.

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PETITION OF:

HOUSE DOCKET, NO. 3560        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1568

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to remove collateral consequences and protect the presumption of innocence.

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. Section 172(a)(3) of chapter 6, as appearing in the 2018 Official Edition, is hereby amended by striking the number “10” in the second sentence in subsection (i) between the words “reason of insanity for” and the word “years” and inserting in place thereof, the following number:- 7.

SECTION 2. Section 172(a)(3) of chapter 6, as appearing in the 2018 Official Edition, is hereby amended by striking the number “5” in subsection (ii) in the second sentence between the words “misdemeanor convictions for” and ”years” and inserting in place thereof, the following number:- 3.

SECTION 3. Section 172 of chapter 6, as appearing in the 2018 Official Edition, is hereby amended by adding after the period in the last sentence in subsection (o), the following paragraph:- (p) When the department provides any individual or entity with criminal offender record information related to a pending charge or charge that did not result in a criminal conviction or juvenile adjudication, the department shall include a written notice that the individual or entity receiving this information shall consider the presumption of innocence afforded to an individual with a pending charge or charge that did not result in a conviction or adjudication when making any decision about the individual with such charges.

SECTION 4. Section 32 of chapter 121B, as appearing in the 2018 Official Edition, is hereby amended by adding after the period in the last sentence in paragraph (g) and before paragraph (h), the following sentences:- However, an applicant shall not be required to submit a copy of the applicant’s own criminal record as prohibited by section 172(d) of chapter 6. An applicant shall not be required to submit copies of the applicant’s own case information, including but not limited to docket sheets.

SECTION 5. Section 100A of chapter 276, as appearing in the 2018 Official Edition, is hereby amended by deleting the words in the second sentence “The commissioner shall comply with the request” and inserting the following words in place thereof before the word “provided”:- Any charge that did not result in a conviction shall have no waiting period and be eligible for immediate sealing upon request, and the commissioner shall also comply with a request to seal any charge that resulted in a conviction or guilty file disposition.

SECTION 6. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended by adding a new paragraph, before the first sentence of the first paragraph, as follows:-(a) Whenever any youthful offender or other juvenile charge does not result in an adjudication, the clerk and the commissioner shall seal all records related to the charge immediately upon dismissal or other final disposition of the charge. The individual shall not be required to file a petition or other request to seal the charge or charges. This sealing shall occur in all instances unless the person with the offense files an objection to sealing the charge or charges. A person with a record who objected to sealing of an offense that did not result in an adjudication, or with a past charge before the effective date of this provision that did not result in an adjudication, shall be allowed to request sealing of the charge without a waiting period, and the commissioner shall seal any such eligible offense upon request.

SECTION 7. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended, by adding before the first sentence of the first paragraph, the following paragraph number:- (b)

SECTION 8. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended, in the first line of the first sentence of the first paragraph by striking “court appearance” and inserting in place thereof:- or youthful offender adjudication

SECTION 9. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended, by striking the second sentence of the first paragraph and inserting in place thereof:-

The commissioner shall comply with such request provided (1) that any court adjudication including court supervision, probation, commitment or parole, the records for which are to be sealed, terminated not less than three years prior to said request; (2) that said person has not been adjudicated delinquent or a youthful offender or found guilty of any criminal offense within the commonwealth in the three years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars nor been imprisoned under sentence or committed as a delinquent or youthful offender within the commonwealth within the preceding three years; and (3) said form includes a statement by the petitioner that he has not been adjudicated delinquent or a youthful offender or found guilty of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses as aforesaid, and has not been imprisoned under sentence or committed as a juvenile in any state or county within the preceding three years.

SECTION 10. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended by striking in the first line of the first sentence in second paragraph, the words “When records of delinquency appearances and delinquency dispositions” and inserting in place thereof:- When records of delinquency or youthful offender appearances or dispositions

SECTION 11. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended by striking in the third paragraph, the words “delinquency appearances and delinquency dispositions” and inserting in place thereof:- delinquency and youthful offender appearances and dispositions

SECTION 12. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended by striking throughout the fourth paragraph, the word “delinquency” and “in the first and second sentence and inserting in place thereof:- delinquency or youthful offender

SECTION 13. Section 100B of chapter 276, as appearing in the 2018 Official Edition, is hereby amended by striking in the fourth paragraph, the words “a delinquent” in the last sentence and inserting in place thereof:- a delinquent or youthful offender

SECTION 14. Section 100C of chapter 276, as appearing in the 2018 Official Edition, is hereby amended by deleting the first and second paragraph and inserting two paragraphs in place thereof as follows:-

(a) Whenever a criminal charge does not result in a conviction, the clerk and the commissioner shall seal all records related to the charge immediately upon final disposition of the charge or immediately upon the completion of any period of court-ordered supervision for the charge if supervision was ordered. The individual shall not be required to file a petition or other request to seal the charge or charges. This sealing shall occur in all instances unless the individual files an objection to sealing the charge or charges. A person who objects to sealing of an offense that did not result in a conviction shall be permitted to request sealing of the same offense at a later time, and the commissioner shall seal any such eligible offense upon request. Nothing in this section shall prohibit the commissioner from sealing any eligible offense pursuant to section 100A of this chapter.

(b) For the purposes of this section, a disposition is not a conviction if the disposition is less than a guilty finding, including but not limited to: not guilty, nolle prosequi, dismissed, dismissed prior to arraignment, dismissed after continuance without a finding, dismissed after indicted, bound over, no bill, no probable cause, and, including but not limited to, instances when a court uses any of the following as a disposition without a guilty finding: court costs, costs, filed, pre-trial supervision, community service, fines, fees, as well as any civil dispositions, including those pursuant to section 70C of chapter 277.