SENATE DOCKET, NO. 1188        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1042

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Anne M. Gobi

_________________

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 non-convictions.

_______________

PETITION OF:

 

Name:

District/Address:

 

Anne M. Gobi

Worcester, Hampden, Hampshire and Middlesex

 

Susannah M. Whipps

2nd Franklin

3/19/2021

Brian M. Ashe

2nd Hampden

4/8/2021


SENATE DOCKET, NO. 1188        FILED ON: 2/12/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1042

By Ms. Gobi, a petition (accompanied by bill, Senate, No. 1042) of Anne M. Gobi, Susannah M. Whipps and Brian M. Ashe for legislation relative to the expungement of non-convictions.  The Judiciary.

 

The Commonwealth of Massachusetts

 

_______________

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

_______________

 

An Act relative to the expungement of non-convictions.

 

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

Section 100K of Chapter 276 of the Massachusetts General Laws is hereby amended by including, after subsection (a) the following new subsection:  

(xx) Notwithstanding the requirements of section 100I and section 100J, a court may further order the expungement of a record created as a result of a criminal court appearance, juvenile court appearance or dispositions if:

(1) such court appearance resulted in the accused, by a final judgment, being found non-guilty of the charge or the charge is dismissed; 

(2) a charge in a criminal case has been nolled in the Superior Court and at least thirteen months have elapsed since such nolle; or 

(3) a charge in a criminal case has been continued at the request of the prosecuting attorney, and a period of thirteen months has elapsed since the granting of such continuance during which period there has been no prosecution or other disposition of the matter.