Felony, Infractions, and Misdemeanors in Massachusetts

In Massachusetts, criminal offenses are divided into felonies, misdemeanors, and infractions based on the severity of the offense. Massachusetts law generally defines felonies as all crimes that may be punished by death or a jail term at a state prison. Besides felonies, all other offenses are misdemeanors, except for traffic and ordinance violations. Infractions are minor violations that do not attract a jail term. They are majorly traffic violations and are punishable by fines.

Summarily, Massachusetts state crimes are tried on the basis of the aforementioned classification. The state also sets specific statutes of limitations based on the classes of criminal charges.

What is a felony in Massachusetts?

Felonies are grievous offenses that typically result in the offender spending time in a state prison. Unlike other states, the Commonwealth of Massachusetts does not classify felonies and accompanying sentences according to the gravity of the offense. Instead, Massachusetts has a statute for different criminal offenses that spells out the penalties for each offense.

The Massachusetts judicial system also uses a court hearing to differentiate between a felony and a misdemeanor. For instance, the superior court hears felony cases that carry severe penalties. In contrast, the district courts oversee misdemeanors or violations that require less-severe penalties and fines.

What are some examples of felonies in Massachusetts?

Felony crimes in Massachusetts may include the following:

• Murder
• Attempted murder
• Rape and sexual assault
• Arson
• Assault with a dangerous weapon
• Kidnapping
• Vehicular manslaughter.

Felony offenses and their corresponding penalties include the following:

• Murder: This could be first degree, second degree, or felony murder, as the case may be. Persons convicted of first-degree murder may get life imprisonment without the possibility of parole. However, second-degree murder convicts may receive life imprisonment with the possibility of parole.
• Rape: Under Chapter 265, Section 22 of the Massachusetts General Laws, persons convicted of aggravated rape may face a maximum life imprisonment or a specific number of years in jail. In contrast, it’s a 20-year maximum sentence for rape cases in which there were no bodily injuries.
• Stalking: Persons convicted of stalking may not spend more than 5 years in jail or pay $1,000 or less in fines. Alternatively, the guilty person may also be imprisoned at the house of correction for a period of not more than 2 ½ years. The law may combine both imprisonment and fine payments as penalties for such offenses.
• Armed Robbery: Convicted persons may get the maximum penalty of life imprisonment at a state prison.
• Larceny: Larceny that involves property valued at $1,200 or more may lead to a maximum of five years in a state prison. In some cases, the court may impose fines up to $25,000 or up to 2 years imprisonment in a jail facility.
• Kidnapping: convicted kidnappers may receive between 15 years and life imprisonment at a state prison.
• Arson: Burning a house where people are domiciled is liable to a term in state prison of not more than 20 years. Alternatively, the Massachusetts General Laws prescribe imprisonment for a period of not more than 2 ½ years and fines up to $10,000. The law also allows offenders to undergo diversion programs for such offenses.
• Vehicular Manslaughter: Vehicular manslaughter carries a penalty of imprisonment at the state prison for a period that should not be less than 5 years but should not exceed 20 years. The law also prescribes a fine that should not be more than $25,000.

Massachusetts laws give a time frame within which a felony case may be filed. If that number of years passes without that crime being prosecuted in court, it may never be brought up again for trial. Different offenses have different time limits under the criminal statute of limitations. For example, robbery or intent to rob or murder has a 10-year limit within which it should have been investigated and brought to court. Rape or abuse of a child has a 15-year limit, while the rape of any other person is pegged at 6 years. Larceny and kidnapping all have their limit set at 6 years. Murder is the only felony case that has no time limit; it may be investigated and brought to court at any time.

Can I get a Felony Removed from a Court Record in Massachusetts?

In the Commonwealth of Massachusetts, a felony may be removed from a court record by sealing or expunging such records. Expunging a record goes deeper than just sealing it and can be done in two ways: time- and non-time-based expungement.

Time-based expungement has some stringent criteria, such as proof that the offense was committed as a juvenile and did not result in death or serious bodily injury. Expunging a felony record typically requires that seven years have passed since the petitioner completed their entire sentence for the felony. Additionally, the petitioner must not have any other criminal cases on record.

For a non-time-based expungement, the petitioner is typically required to demonstrate that their case involved false or stolen identity. It may also be necessary to provide evidence that a mistake was made by law enforcement or court personnel, along with proof that expunging the record serves the interests of justice.

If the petitioner is not a citizen, it is generally not advisable to have felony records expunged until the petitioner has multiple records of the particular case that will be expunged. This is especially true for a non-time-based expungement where the petitioner was found not guilty or the prosecution discontinued the case. The reason for this is that there will not be any record of that particular case left after expungement, except for an FBI record that will not show the outcome of the case. This might lead to a deportation if the petitioner cannot prove that the case was ruled in their favor.

Is Expungement The Same As Sealing Court Records In Massachusetts?

Expungement is not the same as sealing court records in Massachusetts. Sealed court records are still accessible to specific entities like case parties and criminal justice agencies. The court may also authorize public members to access sealed records. However, expunged records are permanently destroyed and inaccessible to any party. Expungement is a more thorough cleanup than just sealing the court records.

How Long Does a Felony Stay on Your Record in Massachusetts?

A felony record stays on the offender’s record until the offender gets it sealed or expunged. A felony record can be sealed 7 years after the completion of the sentence attached to that offense. A conviction for a sex offense that required the offender to register as a sex offender cannot be sealed until 15 years after the completion of the sentence. This means it typically remains on the offender’s record for 15 years till it gets sealed. An offender found guilty of bribing an elected official can never be sealed. It may be on the offender’s record forever.

In cases where the defendant was found not guilty, the case was eventually dismissed, or the prosecution discontinued the trial, the judge may seal the case immediately without any waiting period.

What is a Misdemeanor in Massachusetts?

In Massachusetts, misdemeanors are crimes that do not carry severe penalties like life imprisonment or a death sentence. They are not as grievous as felonies but are still serious offenses. The maximum penalty for a misdemeanor is usually 2½ years in the house of correction or fines.
The district court primarily hears all misdemeanor cases since they do not carry the death penalty or imprisonment in a state jail. In contrast, the superior court has the power to impose penalties on felony cases.

There is no classification system for misdemeanors in Massachusetts. Individual crimes are mentioned in the general laws, and maximum penalties for each crime are spelled out in the statutes.

What Are Some Examples Of Misdemeanors in Massachusetts?

Examples of some misdemeanor offenses and the maximum penalties they carry include:

• Assault and Battery: The Massachusetts General Laws set the maximum penalty for committing assault and battery at 2½ years at the house of correction or a fine that should not exceed $1,000.
• Operating Under the Influence (OUI): The maximum penalty for driving under the influence of alcohol or drugs in Massachusetts laws is a maximum of 30 years in jail or up to $5,000 in fines. The convicting court may impose both fines and imprisonment as punishments for such offenses.
• Trespassing: Disobeying a trespassing order attracts up to $100 in fines or a maximum of 30 days in jail. The court may also impose both fines and a jail term for the offense.
• Drug Possession: first-time convictions for unlawful possession of heroin attract up to $2,000 in fines or a maximum of 2½ years at the house of corrections. The court could also impose both penalties at the same time, depending on the discretion of the court. Drug possession is a felony if the offender has a prior conviction for the offense.
• Larceny: Theft of goods or properties valued at $1,200 or more carries up to a maximum of a one-year jail term and $1,500 in fines.
• Solicitation of prostitutes: convicted persons may face up to 30 months at a house of corrections or pay fines up to $5,000. The court may impose both penalties at the same time for solicitation of prostitutes.
• Impersonating a Police Officer: This crime attracts fines up to $400 or a maximum of a one-year jail term.

Misdemeanor crimes have a six-year statute of limitations. This means prosecutors are unable to file charges after the time limit expires.

Can I Get a Misdemeanor Removed from a Record in Massachusetts?

Yes, you can remove misdemeanor conviction records three years after completing the court-imposed sentence or conditions in Massachusetts. To expunge the record, offenders are generally required to not have a prior conviction, except for vehicle offenses whose penalties do not exceed $50. Victims of mistaken identity or stolen identity are also eligible for expunging misdemeanor records.

Expungement completely destroys a record and makes it look as if it never existed. However, record sealing only prohibits members of the public from having access to the record. Record subjects of sealed records have the right to deny ever having been convicted if asked by a future employer or property owner. That misdemeanor conviction typically does not appear in most standard background checks after sealing.

Can a DUI be Expunged in Massachusetts?

It is quite difficult sealing or expunging an Operating Under the Influence (OUI) conviction in Massachusetts. One scenario where an OUI conviction may be expunged is when it may be proven that a case of identity theft occurred that led to the conviction. The other instance is when the offense happened when the offender was a minor, and it was not charged due to a lack of evidence.

An OUI record can be sealed if the defendant is found not guilty or if the case is discontinued or dismissed. After a certain waiting period, it may be possible to apply to have the charge sealed. However, there is no guarantee that the court will approve the sealing. If the court does grant the request, the record will be sealed, and the public will not be able to see that charge in any criminal background checks.

What Constitutes an Infraction in Massachusetts?

Infractions are mostly light traffic-related violations. They do not attract a criminal charge; only tickets are issued to the offender. An offender typically has 20 days to clear any ticket received. However, the offender may contest the ticket in court if they have misgivings about it. Note that offenders may lose their license if they receive more than three speeding tickets within 30 days.

Unlike felonies or misdemeanors, persons convicted of an infraction may not get a prison sentence.

What Are Some Examples Of Infractions In Massachusetts?

Examples of some common infractions include:

• Speeding
• Disobeying a traffic sign
• Not keeping right when turning right
• Driving in the “breakdown” lane
• Driving without brakes
• Not stopping for the blind pedestrian
• Not stopping at a toll booth
• Failure to use a child restraint
• Using headphones while driving
• Driving without horns
• Driving without complete mirrors
• Offensive noise
• Turning at places where U-turns have been prohibited.

Can Infractions be Expunged from a Massachusetts Criminal Court Record?

There is no need to expunge infractions from a Massachusetts criminal record because they are mere civil offenses and do not appear on the criminal record. Infractions, however, may lead to the revocation of the learner’s permit or driving license. This suspension remains on a license till the requirements set to clear the ticket are met and the suspension is lifted.

What is Deferred Adjudication in Massachusetts?

Per Massachusetts General Laws Chapter 276A, the state’s district courts or Boston City Municipal Court have the authority to impose alternative programs in lieu of a prison sentence. The court’s probation officers are responsible for determining if a defendant is eligible for a diversion program. Generally, defendants are eligible for diversion programs if they do not have a prior conviction for an offense committed after their 18th birthday. Note that this rule does not apply to convictions for traffic-related offenses.

Types of Crimes Eligible for Deferred Adjudication in Massachusetts

As of September, 2025, there was no information on crimes that are eligible for deferred adjudication. Instead, the district court determines which crimes are eligible after reviewing the severity, prior convictions, and circumstances around the incident. Note that the court may refuse to grant deferred adjudication for violent crimes or grievous sex crimes. Such crimes carry severe consequences on lives and properties.