New laws are in effect

October 15, 2018

• 5 year waiting to seal misdemeanors reduced to 3 years,
• 10 year waiting for felony sealing reduced to 7 years,
• Resisting arrest convictions can now be sealed,
• Felony larceny threshold increased from $250 to $1200,
• After you seal, you can say you have “no record” when applying for housing and occupational licenses, not just when applying for jobs, and
• Some juvenile and adult expungement are now available.

Read the latest booklets from Greater Boston Legal Services Know Your CORI Rights and Booklet 2 on Sealing Records.

You may be able to seal past marijuana cases immediately

Tuesday 13 December, 2016

Voters approved a ballot question that made possession of small amounts of marijuana legal. The new law goes into effect December 15, 2016. It allows anyone over age 21 to have small amounts of marijuana at home and to carry up to two ounces without criminal penalties. G.L. c. 94G, § 13(e).

1. What is the effect of the new law on past criminal cases for marijuana possession?

The Massachusetts sealing law lets you seal crimes that are no longer criminal offenses. G.L. c 276, § 100A. If you have a past criminal case for marijuana possession and the case involved only 2 ounces or less of marijuana, you can seal the possession case now instead of having to wait for the waiting period to expire. The new law covers only charges for “possession” and not “possession with the intent to distribute” or other drug crimes.

If you were arrested for possession of marijuana because you had marijuana plants in your home, you also can seal your case without waiting any longer if the conviction was for:

1. up to 6 plants in the home if you lived alone at the time, or
2. up to 12 plants if one or more other persons (age 21 or over) lived with you.

2. Where do I get the paperwork to request sealing of a decriminalized offense?

See a sample form and a blank petition you can fill out and mail to the Commissioner of Probation at One Ashburton Place, Boston, MA 02108 to seal your case(s).

Easier to seal some cases!

Greater Boston Legal Services just made it easier to seal your case if it was dismissed, ended in a nolle prosequi or a not guilty finding! You can file another petition to seal it in court.

Friday, 15 August, 2014

If you show “good cause” to seal your records, a judge can seal cases that ended in:

• a dismissal,
• nolle prosequi - if the district attorney dropped the case, or
• a not guilty finding.

If a judge denied your petition to seal in the past, you can ask to apply the new "good cause" standard to your case. You will have to file another petition in court. But it should be easier to seal your CORI now since you only have to show "good cause."

Soon we will publish:

• sample forms, and
• instructions for asking a judge to apply the new standard to sealing your case.

Greater Boston Legal Services' went to court and won. You now have the right to ask a judge to seal some CORI if you can show "good cause" .