SENATE DOCKET, NO. 1642        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1037

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cindy F. Friedman

_________________

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 providing easier and greater access to record sealing.

_______________

PETITION OF:

 

Name:

District/Address:

 

Cindy F. Friedman

Fourth Middlesex

 

Joanne M. Comerford

Hampshire, Franklin and Worcester

4/1/2021

Julian Cyr

Cape and Islands

6/16/2021

John J. Cronin

Worcester and Middlesex

6/16/2021

Patricia D. Jehlen

Second Middlesex

6/16/2021

Susan L. Moran

Plymouth and Barnstable

6/17/2021

Harriette L. Chandler

First Worcester

6/17/2021

Eric P. Lesser

First Hampden and Hampshire

6/21/2021

Jason M. Lewis

Fifth Middlesex

6/25/2021

Paul R. Feeney

Bristol and Norfolk

6/28/2021

Brendan P. Crighton

Third Essex

7/16/2021

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

7/16/2021

John F. Keenan

Norfolk and Plymouth

9/8/2021

Lydia Edwards

First Suffolk and Middlesex

6/13/2022

Sean Garballey

23rd Middlesex

6/22/2022

Erika Uyterhoeven

27th Middlesex

6/23/2022

Sonia Chang-Diaz

Second Suffolk

6/24/2022


SENATE DOCKET, NO. 1642        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1037

By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1037) of Cindy F. Friedman and Joanne M. Comerford for legislation to provide easier and greater access to record sealing.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act providing easier and greater access to record sealing.

 

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 100A of chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the words “comply with the request”, in lines 5 and 6, the following words:- , within 90 days of receiving such request,

SECTION 2. Said section 100A of said chapter 276, as so appearing, is hereby amended by inserting after the third sentence the following sentence:-

Notwithstanding this section or any other general or special law to the contrary, the commissioner shall seal records of criminal court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under this section within 90 days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed. 

SECTION 3. Section 100B of said chapter 276, as so appearing, is hereby amended by inserting after the words “comply with such request”, in lines 5 and 6, the following words:- , within 90 days of receiving such request,

SECTION 4. Said section 100B of said chapter 276, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- 

Notwithstanding this section or any general or special law to the contrary, the commissioner shall seal delinquency court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under this section within 90 days of the time that they become eligible for sealing after the applicable waiting period if the records are not already sealed. 

SECTION 5. Section 100C of said chapter 276, as so appearing, is hereby amended by inserting after the first sentence the following sentence:-  

The offense or offenses shall be sealed forthwith without the defendant having to file a petition or other request with the court. 

SECTION 6. Said chapter 276, as so appearing, is hereby further amended by striking out section 100Q and inserting in place thereof the following section:- 

Section 100Q. Unless otherwise provided by law, no person shall make records sealed pursuant to sections 100A, 100B, or 100C or expunged pursuant to sections 100F, 100G, 100H, or 100K available for inspection in any form by any person.

SECTION 7. Notwithstanding any general law or special law to the contrary, as soon as practicable, and not later than 6 months after the effective date of this act, the commissioner of probation shall seal records of: (i) criminal court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under section 100A of chapter 276 of the General Laws; and (ii) delinquency court appearances and dispositions in the commonwealth on file with the commissioner that are eligible for sealing under section 100B of chapter 276 of the General Laws.

SECTION 8. This act shall take effect upon its passage.