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.