Are Criminal Records Public In Massachusetts?

Massachusetts General Laws Chapter 6, Section 172 provides criminal justice agencies with access to all criminal offender record information, including sealed records, in the state of Massachusetts, as long as the records are required for the performance of the requesting agency’s duties. This law also provides general members of the public with limited access to Massachusetts criminal offender record information.

However, Massachusetts General Laws Chapter 6, Section 178A, provides victims of crime and witnesses of family members of a homicide victim with access to all available criminal offender record information on the individual accused or convicted of the crime in question.

The Massachusetts Department of Criminal Justice Information Services is the primary custodian of criminal records for the state.

What Is Included In A Criminal Record In Massachusetts?

Criminal records are official documents that contain the detailed criminal histories of individuals. There are two types of criminal records in the state of Massachusetts, criminal offender record information (CORI) reports and arrest records.

Criminal offender record information reports typically contain the following information:

• The full name of the record subject
• Biographical data, such as date of birth, sex and parents names
• A physical description of the subject
• The subject’s address
• Nature of the offenses committed.
• Court appearance details
• Sentences imposed for the offenses committed
• Incarceration and release dates (if available)

It should be noted that the information made available in a Massachusetts criminal record is based on the statutory access of the individual requesting the record. Arrest records are records that contain details of an individual’s arrest history. These records typically do not include criminal charges; however, they contain the fingerprints of the individual arrested.

How To Look Up My Criminal Records In Massachusetts?

The Massachusetts Department of Criminal Justice Information Services offers interested parties with name-based criminal record checks. Requests for criminal record checks can be made online through the department’s iCORI platform, or by making a written request.

Parties that wish to request these records in writing will be required to complete a CORI Personal Request Form and mail the completed form to:

Massachusetts Department of Criminal Justice Information Services

200 Arlington Street

Suite 2200

Chelsea, MA 02150

ATTN: CORI Unit

The request form should be signed in the presence of a Notary Public. Requestors are also required to include a fee of $25 in the form of a money order or bank-issued cahier’s or treasurer’s check made out to the “Commonwealth of Massachusetts” when submitting the request form.

In addition to this, interested parties can also request a CORI self- audit to find out if a background check has been carried out on them by another individual or organization. Parties that wish to request a CORI self-audit will be required to complete a CORI self-audit request form, which should be signed by either a Notary Public or an authorized representative of a correctional facility. The completed and signed form should then be mailed to:

Massachusetts Department of Criminal Justice Information Services

200 Arlington Street

Suite 2200

Chelsea, MA 02150

ATTN: Self-Audit

The state of Massachusetts allows interested parties to perform one free CORI self-audit every 90 days. Parties that wish to make more than one request within 90 days are however required to pay a fee of $25 per request.

It is important to note that a CORI self-audit report will not include any criminal record requests made by law enforcement or criminal justice agencies.

Queries can be directed to (617) 660–4704.

Parties that wish to access copies of their arrest records may do so by contacting the law enforcement agency where the arrest took place. Obtaining copies of arrest records typically requires the submission of a ten-print fingerprint card. Queries related to obtaining copies of arrest records can be directed to the Massachusetts State Police at (508) 358–3170.

How Can I Get My Criminal Records For Free In Massachusetts?

Obtaining copies of criminal offender record information reports in the state of Massachusetts typically costs a $25 fee. However, the state may waive this fee for specific individuals that are unable to afford it. Parties that wish to apply for a fee waiver will be required to submit an Affidavit of Indigency when submitting their CORI personal request form. It is important to note that this affidavit is submitted under penalty of perjury.

How To Search Criminal Records Online In Massachusetts?

Members of the public can make online requests for copies of their criminal offender record information reports through the iCORI platform provided by the Massachusetts Department of Criminal Justice Information Services. This is a subscription-based service, and parties will be required to create a user account before requests for criminal records can be made. Individuals that wish to create a user account will have to provide either a Massachusetts driver’s license number or a Massachusetts ID card number. Once a user account has been created, requestors can then log into the iCORI platform using the username and password created during the registration process.

Copies of criminal records obtained online cost $25. However, parties that are unable to afford this fee can request a waiver, which is included as part of the online request process.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

How To Get Criminal Records Expunged In Massachusetts?

A criminal record expungement refers to the permanent destruction of the record so that it can no longer be accessed. Expungements in the state of Massachusetts fall under two categories: Time-based expungements and Non-time-based expungements. Individuals with criminal records may qualify for a time-based expungement under the following circumstances:

• The offense for which the record was created occurred before the individual’s 21st birthday
• The individual completed all parts of their sentence at least seven years ago for felony offenses, and at least three years ago for misdemeanors.
• The individual does not have any other criminal or juvenile court appearances or dispositions on file. This does not include motor vehicle offenses that have a maximum penalty of a $50 fine.
• The offense committed by an individual qualifies for expungement following Massachusetts statutory law G. L. c.276, § 100E–100U. According to this law, the following offenses do not qualify for expungement:
• An offense committed with the intent to cause death or serious bodily harm
• An offense that resulted in the death or serious bodily harm of another individual
• An offense committed against an elderly or disabled person
• Sex offenses, sex offenses involving children and sexually violent offenses
• An offense committed under the influence of liquor or drugs
• Firearms violations or violations for the illegal sale of a firearm
• An offense committed by an individual that was either armed with or carrying a dangerous weapon
• Assaults or assault and battery on a household member
• Violations of restraining or harassment prevention orders
• Felony violations of Massachusetts statutory law G. L.c. 265

In addition to this, individuals with criminal records may qualify for a non-time-based expungement if the individual’s criminal record was created based on:

• Errors by law enforcement, civilian or expert witnesses and court employees
• Fraud perpetrated upon the court
• Unauthorized use of an individual’s identity, theft of an individual’s identity or false use of the individual’s identity
• Situations where the offense is no longer a crime

Parties that wish to request for a time-based expungement may do so by completing a Petition to Expunge Form and mailing the petition to:

Office of the Commissioner of Probation

1 Ashburton Place

Room 405

Boston, MA 02108

The Commissioner of Probation reviews the petition and sends a notification to the District Attorney in the county where the offense was prosecuted. In situations where the District Attorney objects to the petition, a hearing will be held. However, if there is no objection, a hearing may still be held at the court’s discretion. Time-based expungements are free of charge. Queries can be directed to the Office of Commissioner of Probation at (617) 727–5300 or (617) 557–0225.

To get a non-time-based expungement, eligible parties will be required to fill out a Petition for Expungement Form. File the completed form at the Clerk’s Office at the court where the case was heard. Parties that wish to expunge records in different cases should file separate petitions for each case, and provide as much detail as possible. When an expungement is granted, a copy of the expungement order will be issued to the requestor. Individuals that have had their records expunged cannot be found guilty of perjury or giving a false statement if they refuse to acknowledge the record when enquired about it.

How To Get Criminal Records Sealed In Massachusetts?

Requests for the sealing of records of criminal convictions may be made to the Massachusetts Probation Service under statutory law MGL c. 276, § 100A. Under this law, a criminal record may be sealed if:

• A period of at least three years or seven years has elapsed since the party was found guilty of either a misdemeanor or a felony, respectively. This includes time spent incarcerated for the crime.
• A period of at least 15 years has passed since a conviction for certain sex offenses.
• The record is for a conviction for resisting arrest.

Alternatively, the process for sealing criminal court records without a conviction is governed by statutory law MGL c. 276, § 100C. Requests for the sealing of these records can be made under the following circumstances:

• The court entered a dismissal of the case without probation
• A grand jury failed to indict
• The court or a jury ruled a not guilty finding
• The court ruled a no probable cause finding
• An entry of nolle prosequi (no further prosecution) was made on the record by the prosecutor

Parties that wish to seal a criminal conviction record may do so by completing and submitting a Petition to Seal Conviction Records Form at the Office of the Commissioner of Probation located at:

1 Ashburton Place

Room 405

Boston, MA 02108

Once reviewed, the requestor is notified of the Commissioner’s decision regarding the petition.

Parties that wish to seal a criminal record for cases without convictions may do so by filing a Petition to Seal Conviction Records Form and submitting the petition at the Clerk’s office in either the District Court or the Boston Municipal Court where the case was filed. Parties that no longer reside in BMC territories may file the petition at the BMC court division of their most recent eligible criminal record. Requestors are also advised to include any documents that support the sealing of the requested records. It is also recommended, but not required that a copy of the requestor’s criminal record and a certified court docket of the documented offense be attached. The court docket can be obtained from the Clerk’s office at the court where the case was filed.

Once the petition is reviewed, the requestor is notified by the court via mail whether the petition is eligible for further review or it has been preliminarily denied. If the petition is deemed eligible for further review, a hearing will be scheduled, during which the requestor may explain to the presiding judge why the criminal record should be sealed. If the judge grants the petition, an order to seal is issued to the Commissioner of Probation.

Queries can be directed to the Office of the Commissioner of Probation at (617) 727–5300. Requests for the sealing of criminal records in the state of Massachusetts are free of charge. Parties that disagree with a court’s decision concerning a seal request may appeal the decision at the Massachusetts Appeals Court.

Who Can See My Expunged/sealed Criminal Record In Massachusetts?

Criminal records that have been sealed in the state of Massachusetts may still be accessed by law enforcement agencies as well as certain employers and organizations authorized by law. However, once a record is expunged, the record is permanently destroyed and can no longer be accessed by the court or state, county, and municipal agencies.