HOUSE DOCKET, NO. 619        FILED ON: 1/14/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1819

The Commonwealth of Massachusetts

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PRESENTED BY:

Bud L. Williams

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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 relative to expungement of certain past marijuana convictions.

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PETITION OF:

HOUSE DOCKET, NO. 619        FILED ON: 1/14/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1819

The Commonwealth of Massachusetts

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

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An Act relative to expungement of certain past marijuana 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 1. Chapter 276 of the General Laws is hereby amended by striking out section 100K¼, inserted by section 23 of chapter 180 of the Acts of 2022, and inserting in place thereof the following section:-

Section 100K¼. (a) Notwithstanding the requirements of section 100I and section 100J of chapter 276 the General Laws, the court shall order the expungement of any record created as a result of a criminal court appearance, juvenile court appearance or disposition for:

(1) the possession or cultivation of an amount of marijuana decriminalized by chapter 387 of the acts of 2008;

(2) the possession or cultivation of an amount of marijuana decriminalized by chapter 334 of the acts of 2016;

(3) the possession or cultivation of an amount of marijuana decriminalized by chapter 55 of the acts of 2017;

(4) possession of marijuana with intent to distribute based on an amount of marijuana decriminalized by chapter 387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55 of the acts of 2017; or

(5) distribution of marijuana based on an amount of marijuana decriminalized by chapter 387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55 of the acts of 2017.

(b) An individual who believes the court failed to properly expunge a record created as a result of their criminal court appearance, juvenile court appearance or the disposition of a charge listed in subsection (a) may petition the court to order said expungement pursuant to said subsection (a). The court shall, within 30 days of a petition being filed, grant the expungement pursuant to subsection (a) or deny the petition. If the court denies the petition, it shall explain the reason as to why the petition was denied, including an explanation as to why the court does not believe the petitioner’s record is covered by the requirements of subsection (a). The court shall hold a hearing if requested by the petitioner.

(c) Upon an order for the expungement pursuant to this section or section 100F, section 100G or section 100H, the court clerk's office shall provide the individual whose record is expunged with a certified copy of the order, the docket sheets and the criminal complaint related to the expunged charge. The court shall send a copy of the expungement order to the clerk of the court where the record was created, to the commissioner of probation and to the commissioner of criminal justice information services.

SECTION 2 . Subsection (a) of section 100L of said chapter 276, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 2, the words “or section 100K” and inserting in place thereof the following words:- , section 100K or section 100K¼.

SECTION 3. The court shall order the expungement of a record required to be expunged pursuant to subsection (a) of section 100K1/4 of chapter 276 of the General Laws within 180 days  after the effective date of this act.