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The 191st General Court of the Commonwealth of Massachusetts

Section 100I: Certification of eligibility for expungement

Section 100I. (a) The commissioner shall certify that a record that is the subject of the petition filed pursuant to section 100F, section 100G or section 100H is eligible for expungement provided that:

(1) the offense resulting in the record that is the subject of the petition is not a criminal offense included in section 100J;

(2) the offense that is the subject of the petition to expunge the record occurred before the petitioner's twenty-first birthday;

(3) the offense that is the subject of the petition to expunge the record, including any period of incarceration, custody or probation, occurred not less than 7 years before the date on which the petition was filed if the offense that is the subject of the petition is a felony, and not less than 3 years before the date on which the petition was filed if the offense that is subject of the petition is a misdemeanor;

(4) other than motor vehicle offenses in which the penalty does not exceed a fine of $50 and the offense that is the subject of the petition to expunge, the petitioner does not have any other criminal court appearances, juvenile court appearances or dispositions on file with the commissioner;

(5) other than motor vehicle offenses in which the penalty does not exceed a fine of $50, the petitioner does not have any criminal court appearances, juvenile court appearances or dispositions on file in any other state, United States possession or in a court of federal jurisdiction; and

(6) the petition includes a certification by the petitioner that, to the petitioner's knowledge, the petitioner is not currently the subject of an active criminal investigation by any criminal justice agency.

Any violation of section 7 of chapter 209A or section 9 of chapter 258E shall be treated as a felony for purposes of this section.