SENATE DOCKET, NO. 75        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 988

The Commonwealth of Massachusetts

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PRESENTED BY:

Anne M. Gobi

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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 the expungement of non-convictions.

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PETITION OF:

SENATE DOCKET, NO. 75        FILED ON: 1/10/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 988

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1042 OF 2021-2022.]

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 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.