HOUSE DOCKET, NO. 2693        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1598

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Mary S. Keefe

_________________

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:

HOUSE DOCKET, NO. 2693        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1598

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1763 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

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 2020 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 further amended by inserting after the third sentence the following sentences:-

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. The clerk's office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person's legal representative, shall provide access to the sealed records to the person or the person's legal representative without said person or legal representative first obtaining a court order or having to unseal the record.

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 further 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. Said section 100B of said chapter 276, as so appearing, is hereby further amended by adding the following paragraph: -

The words “delinquent” and "delinquency”  as used in section 100B shall include any offense in the juvenile court whether or not the juvenile was charged as a youthful offender.  The clerk’s office of any division of the trial court, the commissioner of probation, or any other criminal justice agency, upon request of a person whose offense or offenses are sealed, or the person’s legal representative, shall provide access to the sealed records to the person or the person’s legal representative without said person or legal representative first obtaining a court order or having to unseal the record.

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, 100K or 100K1/4 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.