CORI SEALING AND CORI REFORM By Greater Boston Legal

CORI SEALINGAND CORI REFORM

By Greater Boston Legal ServicesMarch 20, 2012

March 20, 2012

Note: The law changes on May 4, 2012 and new forms will replace present forms

CORI SEALING AND CORI REFORMBy Greater Boston Legal Services

March 20, 2012

TABLE OF CONTENTS

Your Rights Before and After Your Records Are Sealed

What CORI Looks Like Before Sealing

What A CORI Report Looks Like After Sealing

What is a Misdemeanor or Felony

Common Misdemeanor and Felony Offenses

Non-Sealable Offenses

How to Seal Massachusetts Convictions and Other Criminal Cases Through theAdministrative Process

How to Seal Criminal Cases in Court: For Dismissals, Nolle Prosequi, or Not GuiltyFindings and First Time Drug Possession Convictions

Sealing and Obtaining Copies of Juvenile Records

Juvenile Court Activity Record Information Request Form

Petition to Seal

Petition to Court to Seal Record

Highlights of CORI Reform

YOUR RIGHTS BEFORE AND AFTERYOUR CRIMINAL RECORDS ARE SEALED

Greater Boston Legal Services, 197 Friend Street, Boston, MA 02114T: 617-371-1234 F: 617-371-1222 TDD:617-271-1228

1. How can I seal records after CORI reform goes into effect on May 4, 2012?

Most criminal records can be sealed either by mail through an administrative process after awaiting period, OR through the court process by a judge without a waiting period.

2. When can I seal cases by the administrative process on or after May 4, 2012?

You can use the administrative process to seal misdemeanor cases after a 5 year waiting periodand felony cases after a 10 year waiting period. (G.L. c. 276, § 100A). The process is free andinvolves filling in and mailing a form to the Commissioner of Probation. It works as follows:

► If you were found guilty ("convicted"), the waiting period starts from the date you werefound guilty or released from incarceration-- whichever was later. Any period onprobation or parole has no effect on the waiting period. For example, Jay was foundguilty on May 4, 2010 of a misdemeanor and his case closed on May 4, 2013 after a yearof probation. He can seal his case on May 4, 2015 by signing and mailing in a formprovided by the Commissioner of Probation.

► If you were found "not guilty," or your case was dismissed, or the District Attorneydropped the case (a "nolle prosequi), the waiting period runs from the date of this eventoften called the "disposition." If Mary's misdemeanor case was dismissed on May 4,2011, she can seal it by mail on May 4, 2016. However, if she does not want to waitthat long, she can ask a judge to seal the case because charges that ended in dismissal,nolle prosequi or a not guilty finding also can be sealed by a court. See Question 3.

• Every time you get convicted or incarcerated, the clock re-starts for another 5 years fora misdemeanor and 10 years for a felony. If John was convicted of misdemeanors onMay 4, 2011 and on May, 4, 2015, he cannot seal his two cases until May 4, 2020.

• If you have juvenile records you wish to seal, you can request sealing of those cases atthe same time by checking off a box on the same form. (G.L. c. 276, § 100B).

• If you are registered as a sex offender at the present time, you are NOT permitted toseal any of your cases under the administrative process.

3. When can I ask a judge to seal my criminal cases?

Certain types of cases can be sealed by a judge in the same court that handled the caseswithout a waiting period. Judges have the power to seal:

► a first time drug possession conviction where the person did not violate anyrequirements related to being on probation or a "CWOF" (continuance without a finding)such as going to drug treatment or paying court costs. (G.L.c. 94C, § 34);

• any cases where you were found "not guilty." (G.L. c. 276, § 100C).

► any cases that were dismissed or ended in a nolle prosequi (dropped by DistrictAttorney) even if you were on probation. (G.L. c. 276, § 100C, as amended andeffective May 4, 2012). Before May 4, 2012, dismissed cases with supervised probationwere treated like convictions and could not be sealed by a judge.

The level of proof required to seal a case is high and public notice of your hearing on a petitionto seal must be posted in the courthouse. The judge can only seal the record if leaving therecord open puts you at risk of harm and your interest in sealing the record outweighs thepublic's constitutionally protected First Amendment right of access to the record. The judgemust find that is a "compelling interest" in sealing the record and that "substantial justice wouldbe served" by sealing the record. (G.L. c. 276, § 100C; Commonwealth v. Doe, 420 Mass. 142(1995) ).

The process for sealing of cases in court is free. It involves filing a petition to seal (and often amotion to seal) and going to court for hearings. Forms are available online at:Masslegalhelp.com

4. Once I seal all of my criminal cases, can I say I have no record?

Yes. If present or future employers, including employers from the private sector, non-profits,government agencies, or other types of employers seek information that relates to cases thatare sealed, you may answer that you have "no record" with regard to those sealed cases. (G.L.c. 276, §§ 100A-100C; G.L. c. 94C, §§ 34, 44).

5. What if someone goes to the courthouse looking for my sealed record?

Clerks' offices of the courts and the Commissioner of Probation must report "no record exists" toall who inquire about existence of a record, except for "any law enforcement agency," "anycourt" or any authorized "appointing authority." (G.L. 276, § 100C, as amended by St. 2010, c.256 § 131).

6. Will employers or others know that I have a sealed record?

MOST employers and CORI requesters will NOT find out about your sealed records. A mythpersists that the CORI given to an employer contains an "S" if a record was sealed. This isuntrue. In most cases, the CORI report they receive from the Department of Criminal JusticeInformation Services (CJIS) will indicate you have no record if all of your cases are sealed.

GREATER BOSTON LEGAL SERVICES, 197 FRIEND STREET, BOSTON, MA 02114 2

7. Who can find out about my sealed records?

The law permits certain employers and state agencies to get information about sealed records.For example, the Department of Early Education and Care and its subcontractors that screendaycare workers have access to sealed record data. (G.L. c. 6, § 172F). The Department ofChildren and Families (DCF) and the Department of Youth Services (DYS) have access to your"sealed record data" if you apply to become a foster parent or try to adopt a child. (G.L. c. 6, §172B). Criminal justice agencies (police, probation, courts, etc.) have immediate access tosealed records as necessary to perform their duties. (G.L. 276, § 100D, as inserted by St.2010, c. 256, § 131 and effective May 4, 2012).

8. What if I apply for a job with the federal government?

If a person with a sealed record applies for a job with the federal government, the FBI has itsown database for background checks. The FBI record may include information about casesfrom a state court, including sealed cases. It is not unusual for the FBI record to contain onlyinformation that a case was filed in a state court, but no information about the final outcome ofthe case. The FBI will not seal its records, but with proper documentation such as copies of thecomplaint and docket sheet or sealing order, it can add data about the subsequent dispositionand sealing of the case.

The local repository for FBI records is the Massachusetts State Police, 59 Horse Pond Road,Sudbury, MA 01776. The telephone number is 508-358-3170. More information about FBIrecords and how to obtain or correct FBI records is available on the FBI website at:http://www.fbi.qoviabout-usiciis/background-checks/faqs

9. Can my sealed record be used against me in a later criminal case?

Yes and no. Juvenile records and most sealed adult criminal records of the Massachusetts trialcourt may be considered at the time of sentencing in any subsequent criminal or juvenile case.However, if your sealed record was for a case that ended in a finding of "not guilty," a "no bill"from a Grand Jury, or a "no probable cause" determination, it cannot be used against you in alater criminal case. (G.L. c. 276, §§ 100A-100C).

10. Can my sealed record be used against me in a later civil court case?

Yes and no. Most of the time, sealed criminal records cannot be used in civil cases. As of May4, 2012, there are new exceptions for civil cases which include: abuse prevention cases,divorce, paternity, separate support, guardianship, termination of parental rights, and care andprotection case when these records are relevant to the issues of abuse, safety of a person orcustody or visitation of a child. In these types of cases, the records may be used in a closedprivate hearing if the judge decides they are really relevant and could be put in evidence in thecivil case. (G.L. c. 276, § 100A, as amended by St. 2010, c. 256, § 130, effective May 4, 2012).

3GREATER BOSTON LEGAL SERVICES, 197 FRIEND STREET, BOSTON, MA 02114

11. Can an employer refuse to hire all job applicants with criminal records?

Without a special reason, such a policy is likely illegal. The U.S. Equal Employment OpportunityCommission (EEOC) says that blanket hiring policies that automatically reject any job applicantwith a criminal record are discriminatory and violate civil rights laws. Hiring policies thatexclude all workers with criminal records violate Title VII of the Civil Rights Act of 1964 absent abusiness necessity because using criminal records as a bar to employment has a disparateimpact on protected minority groups. (EEOC Policy Guidance 915.061).

For more information, visit the EEOC web site and web page:http://www.eeoc.gov/policy/docs/arrestrecords.html

12. Does the law protect me from discrimination based on my CORI?

Sealed records. "Such sealed records shall not operate to disqualify a person in anyexamination, appointment or application for public employment in the service of thecommonwealth or of any political subdivision thereof."(G. L. c. 276, § 100C). The same appliesto juvenile records. (G.L. 276, §§ 100A-100B). If any of your records are sealed, you do nothave to give information about any sealed case or sealed charge at any stage of the hiringprocess.

Job, housing and other rejections. Effective May 4, 2012, employers, landlords, housingauthorities, or professional licensing entities that use CORI to make decisions and reject aperson based on his or her criminal history, must provide the person with a copy of the CORI orother criminal history report they used. (G.L. c. 6, § 172(a)(3), as amended by St. 2010, c.256, § 19, effective May 4, 2012). You should review the report carefully to see if there areerrors that might be corrected.

Ban the Box. Whether or not any of your records are sealed, a "ban the box" provision in lawprohibits state employers and most private employers from asking about any criminal records onthe initial job application. The only EXCEPTION is when a state or federal law creates apresumption that a person is disqualified based on certain convictions or imposes otherrequirements. (G.L. c. 151B, § 4 (9 1/2)).

Getting copies of your own CORI. It is illegal for employers to ask you to supply a copy of yourown CORI or arrest records at any stage of the hiring process. In the later stages that follow aninitial job application, employers can ask you to authorize them to get a copy of your CORI.

Prohibited questions in later stages of hiring. Whether or not criminal records are sealed, theanti-discrimination law and the juvenile record sealing law prohibit most employers at any stageof the hiring process from inquiring about an offense that is:

(1) an arrest that did NOT end in a conviction;

(2) a criminal case or criminal detention that did NOT end in a conviction;

4GREATER BOSTON LEGAL SERVICES, 197 FRIEND STREET, BOSTON, MA 02114

(3) a first conviction for drunkenness, simple assault, speeding, minor trafficviolations, affray, or disturbance of the peace; or

(4) a conviction for a misdemeanor where the date of any conviction or anycompletion of incarceration was 5 or more years ago.

(5) a juvenile record, except for juvenile cases that were transferred for prosecution ofthe juvenile as an adult.

(G.L. c. 151B, § 4 (9); G.L. c. 276, § 100A).

What employers may ask at later stages. At later stages in the hiring process, employers canask: (1) if you have ever been convicted of a felony, AND (2) if you been convicted or releasedfrom incarceration for a misdemeanor in the last 5 years which was not a first offense fordrunkenness, simple assault, speeding, a minor traffic violation, an affray, or disturbing thepeace. If you have sealed cases that fall into these categories, you do not have toreveal anything about the offenses. State agency employers also are subject to anExecutive Order that requires the employer to wait until the final stage of the hiring process toask you these questions. (Governor's Executive Order 495).

For more information about discrimination, go to the Massachusetts Commission AgainstDiscrimination website: http://www.mass.gov/mcad/

13. Can an employer ask me about my juvenile delinquency records?

A juvenile record is not considered a criminal record. (G. L c. 119, § 53). An employer is notpermitted to ask a job applicant about a juvenile court case EXCEPT where the juvenile wastried as an adult and thus, the case became part of CORI. A person with a juvenile record cananswer that he or she has "no record" with regard to juvenile cases that were not transferredfor prosecution to superior court. (G.L. c. 276, § 100A). A juvenile delinquency record does notdisqualify the child for state government jobs or "any future examination, appointment orapplication for public service under the government of the commonwealth or of any politicalsubdivision thereof." (G.L. c. 276, § 100A; G.L. c. 119, § 60).

14. Do I need to worry about private background companies?

People should be aware that employers and others may be able to obtain information not onlyfrom the state CORI system, but from private data mining companies that make money sellingthis information. These companies obtain criminal histories from clerk's offices or other publicsources. Their reports are known to contain false information and/or they may fail to updaterecords after a case is dismissed or otherwise, ends favorably.

Newly enacted law gives incentives to employers to obtain records through the state CORIsystem. Effective May 4, 2012, use of the state CORI system for criminal background checkingprotects employers in certain circumstances from liability for negligent hiring decisions madewithin ninety days of receipt of CORI. (G.L. c. 6, § 172).

5GREATER BOSTON LEGAL SERVICES, 197 FRIEND STREET, BOSTON, MA 02114

Some employers also may use credit reporting companies whose reports may contain inaccurateinformation. You have a right to a copy of the report and to dispute the accuracy of the report.The Federal Trade Commission enforces the Fair Credit Reporting Act and has a useful websitewith information about how to correct errors on a consumer background report.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre36.shtm

15. Can Massachusetts courts seal cases from federal court or other states?

No. The Massachusetts state courts have no power to seal cases in other states or in a federalcourt. Whether you can seal criminal cases in another state's court depends on the law of thatstate. There is no federal law similar to our Massachusetts sealing law which permits sealing offederal court criminal cases. However, defendants who were under the age of 21 at the timeof a first time conviction under the Controlled Substances Act may request that the federal courtexpunge records of the case. (18 U.S.C. § 3607). Your ability to seal other cases in a federalcourt will depend on whether the particular court or "circuit" (region) takes the position that thefederal court has the power to seal other types of cases.

LEGAL RESOURCES FOR MORE INFORMATION

► GBLS intake for low income individuals. Call the Legal Advocacy & ResourceCenter (LARC) 617-603-1700 between 9 a.m. and 1 p.m. or in the evening on Tuesdaysfrom 5 to 7:30 p.m. at 617-603-1700. If you live in the Boston area, you1l be screenedfor eligibility for an intake for Greater Boston Legal Services (GBLS). GBLS is not able totake every case, but LARC or GBLS may be able to refer you to other resources to helpyou solve your problem.

► Legal aid and CORI information. To find a program near you or get CORIinformation and forms online, go to web site on the internet:

www.masslecialhelp.orq

• To get a copy of your Massachusetts CORI and related CORI information. Getforms and information online at the Massachusetts Department of Criminal JusticeInformation Services at:

http://www.mass.qov/eopss/agencies/dciis/

► Employment discrimination. To contact the MCAD or the EEOC regarding adiscrimination complaint:

Massachusetts Commission Against Discrimination (MCAD)One Ashburton Place, Room 601, Boston, MA 02108617-994-6000

Web site: http://www.mass.00v/mcad/offices.html

6GREATER BOSTON LEGAL SERVICES, 197 FRIEND STREET, BOSTON, MA 02114

Service hours: 9 a.m to 4 p.m. Monday to Friday.

U.S. Equal Opportunity Employment Commission (EEOC)John F. Kennedy Federal Building475 Government Center, Boston, MA 022031-800-669-4000 TTY: 1-800-669-6820

Web site: http://www.eeoc.gov/field/boston/index.cfm

Service hours: Intake hours are M- F: 8:30am to 3:00 pm. They encouragecalling the 800 number above before you visit them in person.

PRIVATE ATTORNEY LEGAL REFERRALS

MASSACHUSETTS BAR ASSOCIATION LAWYER REFERRAL SERVICE20 West Street, Boston, MA 02111-1214617-654-0400 or 1-866-627-7577 or 617-338-0585 (TTY)

Web site: www.masslawhelp.com MBA service hours: M - F: 9 a.m. - 4:45 p.m. No walk-ins.

MBA Dial-a-Lawyer: First Wednesday of month between 5:30 — 7:30 p.m. MBAattorneys answer legal questions on criminal and civil matters by telephone for free. Nowalk-ins. The number for this service is 617-338-0610 or 877-686-0711 (toll-free).

BOSTON BAR ASSOCIATION LAWYER REFERRAL SERVICE16 Beacon Street, Boston, MA 02108617-742-0625

Website: www.bostonbarlawvers.orqBBA Service hours: M - F: 9 a.m. - 5 p.m.

Call or apply online. No walk-ins.

IMPORTANT. This information is provided as a public serviceby Greater Boston Legal Services and does not constitute legaladvice which can only be given to you by your own attorney.This brochure relates only to Massachusetts state courtcriminal records and new laws in effect as of May 4, 2012.

7GREATER BOSTON LEGAL SERVICES, 197 FRIEND STREET, BOSTON, MA 02114

WHAT CORI LOOKSLIKE BEFORE SEALING

SAMPLE CRIMINAL RECORD FOR TRAINING PURPOSES ONLY

NAME: DOE, JOHN PCF: 123456789 DOB: 01/01/1950

Page: 01

****WARNING****

THIS INFORMATION IS CORI. IT IS NOT SUPPORTED BY FINGERPRINTS. PLEASE CHECKTHAT THE NAME REFERENCED BELOW MATCHES THE NAME AND DATE OF BIRTH OF THEPERSON.

COMMONWEALTH OF MASSACHUSETTSDEPARTMENT OF CRIMINAL JUSTICE INFORMATION SERVICES

***PERSONS COURT SUMMARY***

NAME: DOE, JOHN FORMAL NAME: JOHNDOB: 01/01/1950 SEX: M RACE: W POB: BOSTON, MAMOTHER: ROE, JANE FATHER: JEFFADDRESS: 123 MASSACHUSETTS AVENUE, BOSTON

ALIAS:NAME: ROE, JONFORMAL NAME:DOB: 01/01/1950 SEX: M RACE:

ADULT APPEARANCES

PCF: 123456789SSN: 987654321

ARG DATE: 01/01/2005 PD: BOS COURT: BOSTON MUNICPAL DKT#: 123CR005OFF: OPER UND INFL OF LIQ 111ADISP: C 01/12/05 CWOF SP 07/12/05 PROG DISM STATUS: C WPD:

ARG DATE: 02/02/2003 PD: LYN COURT: LYNN DISTRICT DKT#: 456CR003OFF: ASSAULT AND BATTERY A&BDISP: C 02/20/03 G 90 DA SS 05/20/03 PROG VWF PD 03/25/03 TERM STATUS: C WPD:

ARG DATE: 03/03/2000 PD: CAM COURT: MIDDLESEX SUPERIOR DKT#: 789CR000OFF: A & B DANGEROUS WEAPON SHOD FOOTDISP: C 04/12/00 G PROB 04/12/01 VWF CC PD 05/10/00 TERM STATUS: C WPD:

ARG DATE: 04/04/1997 PD: NEU COURT: NEWBURYPORT DISTRICT DKT#: 123CR097OFF: LARCENY LESSDISP: WAR 04/04/97 WAR/WD 04/20/97 REST STATUS: 0 WPD:

ARG DATE: 05/05/1995 PD: WOR COURT: WORCESTER SUPERIOR DKT#: 890CR095OFF: POSS TO DIST CLASS B COCAINEDISP: C 05/15/95 (3T) 05/30/95 DF 06/04/95 DR G 2 YRS CMTD STATUS: C WPD:

ARG DATE: 04/20/1995 PD: WOR COURT: WORCESTER DISTRICT DKT#: 456CR095OFF: POSS TO DIST CLASS B COCAINEDISP: C 05/01/95 BO STATUS: C WPD:

***END OF ADULT APPEARANCES***

WHAT A CORI REPORTLOOKS LIKE AFTER SEALING

n••

Commonwealth of Massachusetts — Criminal History Systems Board

No record found in Court Activity Record Information file on CJIS for.

Name:DOB: 02/27/83Today's date: 03/12/2010Today's time: 13:38

This indicates that there is no record in the Massachusetts Probation Central File AutomatedDatabase for this name and date of birth pursuant to your request.

Please check that the name referenced above matches the name and date of birth of the personwhose record you requested. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE RESPONSECORRESPONDS WITH THE REQUEST. If there is a discrepancy please contact the CORI Unit at(617)660-4840.

Requested by:Completed by:

This sample CORI report assumes the CORI requestor is not a criminal justice agency orspecially authorized by statute to receive sealed record information.

WHAT IS A MISDEMEANOR OR FELONY

Misdemeanor. A misdemeanor is a crime punishable by a maximum term of 2 1/2 yearsof incarceration even if the defendant does not go to jail or serve the maximumsentence.

Felony. A felony is a crime punishable by more than 21/2 years of incarceration even ifthe defendant does not go to jail or serve the maximum sentence.

A list of common felonies and misdemeanors appears on the next few pages.

For a complete list of crimes, see the Master Crime List found on the Executive Office ofPublic Safety website. A link to the Master Crime List on the Executive Office of PublicSafety website is available in the CORI section of www.massleoalhelp.orq

COMMON MISDEMEANOR AND FELONY OFFENSESBy Greater Boston Legal Services, 197 Friend Street, Boston

Armed assault in dwelling house: c. 265, s.18A (felony)

Armed robbery: c. 265, s. 17 (felony)Unarmed robbery: c. 265, s. 19 (felony)

Arson: c. 266, s. 2 (felony)

Assault: c. 265, s. 13A (misdemeanor)

Assault & battery: c. 265 s. 13A (misdemeanor,but an A & B while Ch. 209A order in effect is afelony ; indecent A & B is a felony )

Assault & battery on elder or disabled: c.265,s. 13k (felony)

Assault or assault & battery on an EMT:c. 265, s. 131 (misdemeanor)Assault & battery on public employee: c. 265, s.13D (misdemeanor)

Assault & battery with a dangerous weapon: c.265, s. 15A (felony)

Assault with dangerous weapon on elder: c.265,s.15B (felony)

Assault on childless than16 with intent to rape:c.265, s. 24B (felony)

Assault-indecent assault(felony)* on childless than 14: c.265, s. 13B* aggravated on childless than 14* subsequent offense on child less than 14* on mentally retarded* on elder or disabled

Assault with intent to commit felony:c.265, s.29 (felony)

Assault with intent to rape: c.265, s.24 (felony)Assault with intent to rob or murder(armed): c.265, s. 18 (felony)

Assault with intent to rob or murder(Unarmed):c. 265, s. 18 (felony)

Breaking & entering building: c. 266 s. 16(felony)

Burglary, unarmed: c. 265, s. 15 (felony)Burglary, armed assault: c. 266 s. 14 (felony)

Carjacking: c. 265, s. 21A (felony)

Common night walker: c. 272, s. 53(misdemeanor)

Compulsory vehicle insurance violationc. 90, s. 34J (misdemeanor)

Criminal harassment: c. 265, s. 43A(misdemeanor)

Disorderly person, c.272, s. 53(misdemeanor)

Destruction of property-see maliciousdestruction

Drug sale in school zone: c.94C, s. 32J(felony)

Drug possession-see possession

Engaging in sex for a fee, c. 272 s. 53A(misdemeanor)

Extortion (attempted): c. 265, s.25 (felony)

False representations to procure welfare: seeWelfare fraud (misdemeanor)

Failure to stop (vehicle) after causing personalinjury or property damage: c. 90, s.24(misdemeanor):

Firearms: see unlawful carrying/possession

Forgery and counterfeiting certificate, otherwritings: c. 267, s.1 (felony)

Home invasion: c. 265, s. 18C (felony)

Indecent Exposure: C. 272, s.53(misdemeanor)

Intimidating witness, juror: c. 268, s. 13B(felony) (if convicted not sealable)

Kidnapping: c. 265 s. 26 (felony)Kidnapping of minor by relative: c. 265 s.26A (misdemeanor if by relative, but felony IFchild removed from Commonwealth)

Larceny: c. 265, s. 30 (misdemeanor if lessthan $250; felony if $250 or over )

Larceny of firearm: c. 266 s. 30 (felony if stolenproperty is firearm)Larceny from the person: c. 266, s. 25 (felony)

Malicious destruction of property: c. 266, s.127 (felony if willful and malicious;misdemeanor if wanton)

Manslaughter: c. 265, s. 13 (felony)

Motor vehicle theft: c. 266 s. 28 (felony)

Open & gross lewdness: c. 272, s. 16 (felony)

Operating to endanger: c.90, s. 24(2)(a)

Perjury: c. 268, s. 1 (Misdemeanor)(If convicted not sealable)

Class A, B, C: FelonyClass D & E: MisdemeanorDrug sale in school zone: c.94C, s. 32J(felony)

Rape: c. 265, s. 22 (felony)Rape of child under 16, including statutory rape(felony): c. 265, sections 22A, 22B, 23, 23A,23B, 23C

Receiving stolen property: c. 266, s. 60(misdemeanor if less than $250; felony if secondoffense or the property exceeds $250)

Resisting arrest: c. 268, s. 32B (misdemeanorbut not sealable IF convicted)

Robbery (armed): c. 265, s. 17 (felony)Robbery (unarmed): c. 265, s. 19 (felony)

Sex for a fee: c. 272, s. 53A (misdemeanor)

Shoplifting: c. 266, s. 30A (misdemeanor)

Stalking: c. 265, s. 43 (felony)Threats: c. 275, s. 2, 4 (misdemeanor)

Trafficking in marijuana, cocaine, heroin,opium, etc.: c. 94C, s. 32E (felony)

Trespass: c. 266, s. 120 (misdemeanor)

Unlawful carrying firearm: c. 269, s. 10(a)(d)(felony)Unlawful possession of firearm or ammunition,c. 269, s. 10(h)(1): (misdemeanor)

Unnatural/lascivious acts: c. 272, s. 5(felony)

Possession of controlled substance:c. 94C, s. 34:* misdemeanor for class D or E* misdemeanor for heroin* 2nd offense poss. of heroin: felony* Ounce or less marijuana (class E): no longercrime* More than 1 ounce marijuana: misdemeanor

Uttering or fraudulent checks: c. 266, s. 37(same as larceny)Uttering false, forged or counterfeit note: c. 267,s. 10 (felony)

a Uttering false or forged deeds, instruments: c.267, s. 5 (felony)

Welfare fraud: c. 18, s. 5B (misdemeanor)Possession of controlled substance with intent todistribute: c. 94C, s.32-32D

NON-SEALABLE OFFENSES

q STATUTORY BARS ON SEALING OF CERTAIN CONVICTIONS.

Public Justice Crimes and Other Exceptions.

Convictions for crimes against public justice, certain firearms offenses, orviolations of the state Conflict of Interest Law can never be sealed. G.L. c. 276,§ 100A (sealing relief does not apply to convictions for violations of G. L. c. 268,G. L. c. 268A, or G.L. c. 140, §§ 121-131 H).

Sex Offense Convictions of Level 2 and 3 Sex Offenders.

Petitioners who were ever classified as a Level 2 or Level 3 sex offenders cannever seal sex offenses, as defined by Section 178C of Chapter 6. G.L. c. 276,§ 100A, as amended by St. 2010, c. 256, § 129 (effective May 4, 2012).

q LIST OF CONVICTIONS THAT CAN NEVER BE SEALED.

Chapter 268: "Crimes Against Public Justice" Cannot Be Sealed.

Chapter 268, Section 1. Perjury.Chapter 268, Section 1A. Statements containingdeclaration relative to penalties of perjury; verification; false statements.

Chapter 268, Section 2. Subornation of perjury.

Chapter 268, Section 3. Attempt to procure another to commit perjury.

Chapter 268, Section 4. Testimony creating presumption of perjury; commitment;recognizance; witnesses bound over; notice to district attorney.

Chapter 268, Section 5. Presumption of perjury; papers, books and documents detainedfor prosecution.

Chapter 268, Section 6. False reports to, or false testimony before, state departmentsand commissioner; false entries in company books or statements; alders or abettors.

Chapter 268, Section 6A. False written reports by public officers or employees.

Chapter 268, Section 6B. Process servers; false statements; penalty.

Chapter 268, Section 7--8A. Repealed, 1962, 779, Sec. 3.

Chapter 268, Section 8B. Compulsion or coercion to refuse appointment or promotion.

Chapter 268, Section 9. Repealed, 1962, 779, Sec. 3.

Chapter 268, Section 9A. Public officers or employees; solicitations regardingtestimonial dinners.

Chapter 268, Section 10--12. Repealed, 1962, 779, Sec. 3.

Chapter 268, Section 13. Corrupting or attempting to corrupt masters, auditors, jurors,arbitrators, umpires or referees.

Chapter 268, Section 13A. Picketing court, judge, juror, witness or court officer.

Chapter 268, Section 13B. Intimidation of witnesses, jurors and persons furnishinginformation in connection with criminal proceedings.

Chapter 268, Section 13C. Disruption of court proceedings.

Chapter 268, Section 14. Receipt of gift by juror, arbitrator, umpire, referee, master orauditor.

Chapter 268, Section 14A. Juror discharged from employment.

Chapter 268, Section 14B. Witnesses at criminal proceedings; discharge, etc., fromemployment.

Chapter 268, Section 15. Aiding escape from a correctional institution or jail; rescue.

Chapter 268, Section 15A. Escape from city or town jails; penalties.

Chapter 268, Section 16. Escape or attempt to escape, or failure to return fromtemporary rel ease or furlough.

Chapter 268, Section 16A. Repealed, 1973, 1062, Sec. 2.

Chapter 268, Section 17. Aiding escape from officer or person having custody.

Chapter 268, Section 18. Jailer or officer suffering prisoner to escape.

Chapter 268, Section 19. Suffering or consenting to an escape from a penal institution.

Chapter 268, Section 20. Negligently suffering prisoner to escape; refusal to receiveprisoner.

Chapter 268, Section 21. Suffering convict to be at large, visited, relieved or comforted.

Chapter 268: Section 21A. Officer or other employee of penal or correctional institution;sexual relatio ns with inmate; punishmentchapter 268, Section 22. Delay of service of

warrants.

Chapter 268, Section 23. Refusal or delay to execute process resulting in escape.

Chapter 268, Section 24. Neglect or refusal to assist officer or watchman.

Chapter 268, Section 25. Refusal or neglect to obey order of justice of the peace toapprehend o ffender.

Chapter 268, Section 26. Delivering alcoholic beverages to prisoners; possession.

Chapter 268, Section 27. Delivering alcoholic beverages to patients of publicinstitutions; p ossession.

Chapter 268, Section 28. Delivering drugs or articles to prisoners in correctional

institutions or jails; possession.

Chapter 268, Section 29. Delivery, or permission of delivery, by officers, of alcoholicbeverages, to prisoners; keeping together prisoners of different sexes or classes.

Chapter 268, Section 30. Disturbing correctional institutions or jail; attracting attentionof, or communicating with, inmates.

Chapter 268, Section 31. Delivery or receipt of articles to or from inmates.

Chapter 268, Section 32. Interference or tampering with police or fire signal systems, ormotorist highway emergency aid call boxes; false alarms or calls.Chapter 268, Section32A. Interference with fire fighting operations.

Chapter 268, Section 32B. Resisting arrest.

Chapter 268, Section 33. Falsely assuming to be justice of the peace or other officers.

Chapter 268, Section 33A. Unlicensed lead paint inspectors.

Chapter 268, Section 34. Disguises to obstruct execution of law, performance of duties,or exercise of rights.

Chapter 268: Section 34A. Furnishing false name or Social Security number to lawenforcement officer or official; penalty; restitution

Chapter 268, Section 35. Unauthorized use of town seal; making or possessing badgeof town officer.

Chapter 268, Section 36. Compounding or concealing felonies. Chapter 268, Section 37,38. Repealed, 1962, 779, Sec. 3. Chapter 268, Section 39. Perjury; statements allegingmotor vehicle theft; penalty; subsequent offenses.

Chapter 268, Section 40. Reports of crimes to law enforcement officials.

Chapter 140, Sale of Firearms (Convictions for violation of section 121 to 131H are notsealable).

Chapter 140, Section 121. Firearms sales; definitions; antique firearms; application oflaw; exceptions.

Chapter 140, Section 121A. Identification of firearms; certificate by ballistics expert asprima facie evidence.

Chapter 140, Section 122. Licenses; contents; fingerprints of applicants; procedure onrefusal of license; fees; punishment for improper issuance.

Chapter 140, Section 122A. Record of licenses; notice to criminal history systemsboard; sales record books.

Chapter 140, Section 122B. Sale of ammunition; license; fees; rules and regulations;refusal, suspension or revocation of license; judicial review; penalties.

Chapter 140, Section 123. Conditions of licenses.

Chapter 140, Section 124. Term of licenses.

Chapter 140, Section 125. Forfeiture or suspension of licenses; notice.

Chapter 140, Section 126. Placards, signs or advertisements; prima facie evidence.

Chapter 140, Section 127. Transfer of licenses.

Chapter 140, Section 128. Penalty for violation of statute on selling, renting or leasingweapons; evidence on sale of machine gun.

Chapter 140, Section 128A. Application of sec. 128.

Chapter 140, Section 1288. Unauthorized purchase of firearms; report to commissioner;penalties.

Chapter 140, Section 129. Fictitious name or address and other false information;penalties.

Chapter 140, Section 129A. Repealed, 1945, 254.

Chapter 140, Section 129B. Firearm identification cards; conditions and restrictions.

Chapter 140, Section 129C. Application of sec. 129B; ownership or possession offirearms or ammunition; transfers; report to executive director; exemptions; exhibitinglicense to carry, etc. on demand.

Chapter 140, Section 129D. Surrender of firearms and ammunition to licensing authorityupon denial of application for, or revocation of, identification card or license; right totransfer; sale by colonel of state police; rules and regulations.

Chapter 140, Section 130. Sale or furnishing weapons or ammunition to aliens orminors; penalty; exceptions.

Chapter 140, Section 130A. Repealed, 1957, 688, Sec. 14.

Chapter 140, Section 131. Licenses to carry firearms; Class A and B; conditions andrestrictions.

Chapter 140, Section 131A. Permits to purchase, rent or lease firearms, or to purchaseammunition; fee; penalties.

Chapter 140, Section 131B. Penalty for loan of money secured by weapons.

Chapter 140, Section 131C. Carrying of firearms in a vehicle.

Chapter 140, Section 131D. Repealed, 1954, 672, Sec. 7.

Chapter 140, Section 131E. Purchase by residents; licenses; firearm identificationcards; purchase for use of another, penalties; revocation of licenses or cards;reissuance.

Chapter 140, Section 131F. Nonresidents or aliens; temporary license to carry firearmsor ammunition.

Chapter 140, Section 131 F'/2. Theatrical productions; carrying firearms and blankammunition.

Chapter 140, Section 131G. Carrying of firearms by non-residents; conditions.

Chapter 140, Section 131H. Ownership or possession of firearms by aliens; penalties;seizure and disposition.

CHAPTER 268A: State Ethics Act (Convictions are not sealable).

Chapter 268A, Section 1. Definitions.

Chapter 268A, Section 2. Corrupt gifts, offers or promises to influence official acts;corruption of witnesses.

Chapter 268A, Section 3. Gifts, offers or promises for acts performed or to beperformed; corruption of witnesses; solicitation of gifts.

Chapter 268A, Section 4. Other compensation; offer, gift, receipt or request; acting asagent or attorney for other than state; legislators; special state employees.

Chapter 268A, Section 5. Former state employees; acting as attorney or receivingcompensation; partners of state employees or legislators.

Chapter 268A, Section 6. Financial interest of state employee, relative or associates;disclosure.

Chapter 268A, Section 6A. Conflict of interest of public official; reporting requirement.

Chapter 268A, Section 7. Financial interest in contracts of state agency; application ofsection.

Chapter 268A, Section 8. Public building or construction contracts. Chapter 268A,Section 8A. Members of state commissions or boards; prohibited appointments to otherpositions.

Chapter 268A, Section 8B. Members of department of telecommunications and energycommission; prohibited employment within one year after service has ceased. Chapter268A, 'section 9. Violation of secs. 2-8; additional remedies; civil action for damages.

Chapter 268A, Section 10. Opinions of state ethics commission.

Chapter 268A, Section 11. County employees; receiving or requesting compensationfrom, or acting as agent or attorney for other than county agency.

Chapter 268A, Section 12. Former county employees; acting as attorney or receivingcompensation from other than county; partners of employees or former employees orlegislators.

Chapter 268A, Section 13. Financial interest of county employee, relatives orassociates; disclosure.

Chapter 268A, Section 14. County employees; financial interest in contracts of countyagency.

Chapter 268A, Section 15. County agency; unfair advantage in relation to particularmatter; additional remedies; civil action for damages.

Chapter 268A, Section 15k Members of county commission or board; restrictions on

appointments to certain positions.

Chapter 268A, Section 16. Repealed, 1978, 210, Sec. 19.

Chapter 268A, Section 17. Municipal employees; gift or receipt of compensation fromother than municipality; acting as agent or attorney.

Chapter 268A, Section 18. Former municipal employee; acting as attorney or receivingcompensation; from other than municipality; partners.

Chapter 268A, Section 19. Municipal employees, relatives or associates; financialinterest in particular matter.

Chapter 268A, Section 20. Municipal employees; financial interest in contracts; holdingone or more elected positions.

Chapter 268A, Section 21. Municipal agency; unfair advantage in relation to particularmatter; additional remedies; civil action for damages.

Chapter 268A, Section 21A. Members of municipal commission or board; restrictions onappointments to certain positions.

Chapter 268A, Section 21 B. Prospective municipal appointees; demanding undatedresignations prohibited.

Chapter 268A, Section 22. Opinions of corporation counsel, city solicitor or towncounsel.

Chapter 268A, Section 23. Supplemental provisions; standards of conduct.

Chapter 268A, Section 23A. Trustees of public institutions of higher learning; prohibitedpositions.

Chapter 268A, Section 24. Disclosures and certifications; form; public inspection.

Chapter 268A, Section 25. Suspension of persons under indictment for misconduct inoffice; notice; compensation and fringe benefits; temporary replacements;reinstatement.

Greater Boston Legal Services Re-Entry Project, 197 Friend Street, Boston, MA 02114

HOW TO SEAL MASSACHUSETTSCONVICTIONS AND OTHER CRIMINAL

CASES THROUGH THE ADMINISTRATIVE PROCESS

STEP ONE. Get a copy of the CORI.

CORI request forms are included at the end of these materials. The form mustbe signed before a Notary Public or Corrections Facility Official if the requester isin jail. The $25 fee can be waived when a person is indigent if you mail anaffidavit of indigency along with the CORI request form to the Department ofCriminal Justice Information Services, 200 Arlington St., Suite 2200, Chelsea,MA 02150, Att: CORI Unit.

11W Practice tips. Clients who are undocumented or are not citizens shouldconsult with an immigration lawyer before sealing a record. The clientshould obtain certified copies of the docket and complaint before sealing arecord. A client may need this for a citizenship application or for otherreasons in the future.

STEP TWO. Find out if there are "aged out" criminal convictions or othercases that can be sealed administratively under Chapter 276, § 100A.

Most Massachusetts misdemeanor and felony convictions can be sealed onlythrough an administrative process by completing and mailing a Petition to Seal tothe Commissioner of Probation after a waiting period. G.L. c. 276, § 100A. Non-convictions also can be sealed administratively after the same waiting periods.

A misdemeanor is a crime punishable by a maximum term of 21/2 years ofincarceration even if you do not go to jail or serve the maximum sentence. Afelony is a crime punishable by more than 2 1/2 years of incarceration even if youdo not go to jail or serve the maximum sentence. A list of common offenses isincluded after this outline along with the web address for the Commonwealth'sMaster List of offenses.

A person is eligible to seal a conviction administratively after a waiting period of10 years for a misdemeanor conviction and 15 years for a felony convictionprovided there are:

no new convictions (except motor vehicle convictions with a fine notgreater than $50) during the last 10 years in or outsideMassachusetts (G.L. c. 276, § 100A) ; AND

• no imprisonment in last 10 years in or outside Massachusetts (G.L.c. 276, § 100A) , AND

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• the defendant is not required to register as a sex offender in anystate. (G.L. c. 6, § 178G), AND

the charge is not for a never sealable conviction involving a crimeagainst public justice, certain firearms offenses, and state Conflictof Interest Law offenses. G.L. c. 276, § 100A (sealing provisiondoes not apply to convictions for violations of G. L. c. 268, G. L. c.268, or G.L. c. 140, §§ 121-131H).

The time period begins to run after the last event in a case meaning whenprobation ended, the date of release from jail or parole, or the date the caseended in court-- whichever is last.

I IMPORTANT. As of May 4, 2012, changes in the law go into effect.

► Waiting periods. Waiting periods for sealing are reduced to 5 years formisdemeanors and 10 years for felonies under Section 100A of Chapter 276;

► Calculation of waiting periods. Waiting periods run from the date of theconviction or disposition of the case or release from incarceration, whicheveris later, but no longer include periods successfully served on parole orprobation which previously extended waiting periods. There is an exceptionfor certain sex crime convictions.

► Sex offense convictions. Sex offenses as defined in Section 178C of Chapter6 — that is, those giving rise to an obligation to register with the Sex OffenderRegistry Board — are not eligible for sealing until fifteen years after dispositionof the case, including termination of supervision, probation, or incarceration.G.L. c. 276, § 100A, as amended by St. 2010, c. 256, § 129. This calculationof the waiting period is unlike that for all other sealable cases, where timesuccessfully served on probation or parole is now credited toward waitingperiods.

• Sex Offenses of Level 2 and 3 Sex Offenders. Petitioners who were everclassified as a Level 2 or Level 3 sex offenders can never seal sex offenses,as defined by Section 178C of Chapter 6, under Section 100A. G.L. c. 276, §100A, as amended by St. 2010, c. 256, § 129.

► Abuse prevention and harassment order convictions. Although convictionsfor violations of Chapter 209A abuse prevention orders or Chapter 258Eharassment prevention orders are misdemeanors, they are treated asfelonies for purposes of sealing records and are subject to the ten-yearwaiting period. G.L. 276, § 100A, as amended by St. 2010, c. 256, § 129.

► Dismissed cases with supervised probation. Cases that ended in a dismissal

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after supervised probation are no longer treated as convictions. They cannow be sealed without awaiting period by a judge under Section 1000 andcontinue to be sealable administratively under Section 100A.

11:: ::• Practice tips:

► If the client has a conviction was for an offense that is no longer a crime suchas possession of an ounce or less of marijuana, it can be sealed immediatelyusing the same form unless the elements of the charged offense are a crimeunder a different designation. G.L. c. 276, § 100A.

► If a client also has non-convictions (i.e. nolle prosequi, dismissed, or "notguilty" ending charges) on or after May 4, 2012 that are at least 5 years old ifmisdemeanors or 10 years old if felonies, these charges can be sealed at thesame time using the same form. The wait for felonies is 15 years and 10years for misdemeanors before May 4, 2012.

► Closed juvenile delinquency cases that are at least 3 years old and eligiblefor sealing under Section 100B of Chapter 276 can be sealed at the sametime using the same form. This topic is discussed in further detail in a latersection of this manual.

► If any part of a person's CORI may be sealed under Section 1000 of Chapter276, it may be more advantageous to try to seal the cases through the courtprocess rather than waiting for waiting periods to expire. There is no waitingperiod to file a petition in court to seal a non-conviction under Section 1000or certain first-time drug possession convictions under Section 34 of Chapter94C.

STEP THREE. Mail completed PETITION TO SEAL form to theCommissioner of Probation, One Ashburton Place, Rm 405, Boston MA02108. A copy of this form appears at the end of this manual.

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HOW TO SEAL CASES IN COURT

FOR DISMISSALS, NOLLE PROSEQUI, OR NOT GUILTYFINDINGS AND FIRST TIME DRUG POSSESSION CONVICTIONS

STEP ONE. Get a copy of the CORI.

CORI request forms are included at the end of this packet. The form must besigned before a Notary Public or Corrections Facility Official if the requester is injail. The $25 fee can be waived if the person is indigent, but you must send anAffidavit of Indigency along with the CORI form to the Department of CriminalJustice Information Services, 200 Arlington St., Suite 2200, Chelsea, MA 02150,Att: CORI Unit.

STEP TWO. Find out if there are criminal NON-CONVICTIONS underSection 1000 of Chapter 276, and first time drug possession offensecharges that can be sealed by a court without a waiting period underSections 34 or 44 of Chapter 94C. These matters include:

► Cases that ended in a "not guilty"or "no probable cause" dispositions.G.L. c. 276, § 1000, li 1. The judge may seal the record upon finding that therecords puts the defendant at risk of harm and that the defendant's interest insealing the record outweighs the public's presumed First Amendment right ofaccess to the record. Globe Newspaper v. Pokaski, 868 F.2d 497 (1st Cir.1989). See Commonwealth v. Doe, 420 Mass. 142, 149 (1995).

► Cases that ended in a dismissal with or without probation as of May 4,2012 and any case that ended in a "nolle prosequi." G.L. c. 276, § 1000,li 2. The judge may seal the record upon finding that the records puts thedefendant at risk of harm and that the defendant's interest in sealing therecord outweighs the public's presumed First Amendment right of access tothe record. The court must also find that "substantial justice would be served"by sealing the record. G.L. c. 276, § 100C, ¶ 2. See Commonwealth v. Doe,420 Mass. 142 (1995). (Before May 4, 2012, cases that ended in dismissalbut with prior supervised probation are treated like convictions).

► A first time conviction for possession of a controlled substances (Le.,marijuana, cocaine, heroin, prescription drugs obtained without aprescription, etc.). The defendant can request that the case be sealedwithout a waiting period by the court if the defendant successfully completedany conditions attached to a continuance without a finding or to probationrelated to the guilty finding. G.L. c. 94C, § 34. The judge may seal the recordupon finding that the records puts the defendant at risk of harm and that the

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defendant's interest in sealing the record outweighs the public's presumedFirst Amendment right of access to the record. Globe Newspaper v. Pokaski,868 F.2d 497 (1st Cir. 1989); Commonwealth v. Doe, 420 Mass. 142 (1995).

'Practice tips:

• If the client was convicted of an offense that is no longer a crime such aspossession of an ounce or less of marijuana, the case can be sealedimmediately through the Dept. of Probation unless the elements of thecharged offense are a crime under a different designation. G.L. c. 276, §100A.

• Lawyers, court staff and others may need to be reminded that on May 4,2012, probation will no longer be a bar to sealing of dismissed charges casesunder Chapter 276, §100C.

STEP THREE. Fill out forms and put together a packet that supportssealing of the record.

• Obtain the triplicate Petition to Court to Seal Record form (and any motionform required by the court that will hear the sealing matter) and fill it out.

• Put together an affidavit telling the client's story in a sympathetic way anddetail the negative impact of the CORI (i.e. turned down for employment,promotions, housing, internships, credit, or scholarships). Professional lettersof reference and evidence of rehabilitation, achievement, or communitycontributions can be helpful. This might include substance abuse treatment,GED or educational programs, diplomas, certificates, degrees, job skilltraining, and community, civic, or church volunteer participation, or mentoring.

STEP FOUR. File original petition and accompanying documents in thecourt that handled the criminal case and attend the hearings.

Send copies to the District Attorney for the court.

1Practice tip. If you are attempting to seal charges in more than onedivision of the Boston Municipal Court (BMC), you can seal them all in asingle division of the BMC if you have at least 3 charges to seal. SeeBMC Standing Order 1:09.

STEP FIVE. If the petition is granted after the final hearing, send foranother copy of the CORI from the Department of Criminal JusticeInformation Services to confirm sealing of the record.

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SEALING AND OBTAINING COPIES OF JUVENILE RECORDS

Juvenile records are not considered criminal records unless the child is tried asan adult. These cases are not listed on a CORI. You can send for a free copy ofthe juvenile record by mailing in a form to the Commissioner of Probation. Thereis no charge for the copy, but you must send in a self-addressed stampedenvelope along with the form. A sample form and a blank form are included in atthe end of this manual.

HOW TO SEAL JUVENILE DELINQUENCY CASES

A juvenile delinquency record can be sealed under G.L. c. 276, § 100B if theperson's court supervision, probation, commitment or parole ended at least 3years ago, AND:

► There are new delinquency adjudications or convictions of any kind(except motor vehicle convictions with a fine not greater than $50) duringthe last 3 years, and

► No delinquency commitments or imprisonment in last 3 years in or outsideMassachusetts, and

• The defendant is not required to register as a sex offender. (G.L. c. 6,§178G).

1Practice tips.

► Some juvenile cases are treated like adult cases. If the juvenile was tried asan adult and the case was transferred to another court, the case is treatedthe same as an adult criminal case.

► Even when juvenile records are not sealed, job applicants in Massachusettsmay answer "no record" as to their prior arrests, court appearances andadjudications in all delinquency cases that did not result in a case transferredto Superior Court for prosecution. G.L. c. 276, § 100A.

► Most employers do not have access to juvenile records. The Commissionerof Probation answers "no record" in response to inquiries about juvenilerecords from employers or others EXCEPT for courts, law enforcement orothers specially authorized by law to get this information. G.L. c. 276, §100A.

► Juvenile records cannot be used as evidence in other proceedings except forpurposes of imposing a sentence in a criminal case. G.L. c. 276, § 100B.

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PERSONAL MASSACHUSETTS JUVENILE COURT ACTIVITY RECORD INFORMATION REQUEST FORM

(OFFENSES PRIOR TO YOUR SEVENTEENTH BIRTHDAY)

If you would like a copy of your Massachusetts Juvenile Court Activity Record, complete this form, sign itand mail, along with a self addressed stamped envelope to:

OFFICE OF THE COMMISSIONER OF PROBATIONONE ASHBURTON PLACE, ROOM 405

BOSTON, MA 02108-1612

ATTN: JUVENILE RECORDS

INFORMATION REQUIRED:

Name

Home Address

City State Zip Code

Date of Birth

Social Security Number

Mother's First, Maiden & Last Name

Fathers Full Name

Signature Date

. . •

juvreq 10/07

F f r•—n C .s el

PETITION TO SEAL v n / /To: Commissioner of Probation, One Ashburton Place, Rm. 405, Boston, MA 02108

SELECT appropriate box(es). If 1, 2, or 3 are selected, you must sign the corresponding numbered affidavit below.

PART A Section 1008 - Chapter 276. Delinquency (juvenile) cases, all sentence elements of which, and of any subsequentcourt appearances, were completed 3 years prior to this request.

1 - 42

Section 100A - Chapter 276.appearances, were complet epresently a misdemeanor).

sdelroeanor cases, all sentence elements of which, and any subsequent court10 yeys prior to this request (or, which was a felony when committed, and is

Petition toComm.

ofProbation

Print

3

4

Section 100A - Chapter 276. Felony cases, all sentence elements of which, and of any subsequent courtappearances, were completerse prior to this request.

Section 100A - Chapter 276. recorded offense which Is no longer a crime, except where the elements of theoffense continue to be a crime under a different designation.

Date of Birth:

Last name First name Middle name

Alias/Maiden/Previous name

Mailing Address

Occupation

City State Zip

Social Security I

Birthplace

Father's Name

Husband or Wife

Signature

Mother's Maiden Name

In accord with the provision of Chapter 276, Sections 100A and 1008, as established by Chapter 686 of the Acts of 1971, Chapter 404 of the Acts of 1972 and Chapter 322 ofthe Acts of 1973, respectively, I hereby request that my record of adult criminal and/or juvenile Massachusetts court appearances and dispositions be sealed forthwith.

To the best of my knowledge:

a) My delinquency court appearances or dispositions including court supervision, probation, commitment or parole, the records for which are to besealed, terminated not less than three years prior to said request b) I have not been adjudicated delinquent or found guilty of any criminal offensewithin the commonwealth In the three years preceeding such request, except motor vehicle offenses in which the penalty does not exceed a fine offifty dollars nor been imprisoned under sentence or committed as a delinquent within the commonwealth within the preceeding three years; andc) I have not been adjudicated delinquent or found guilty of any criminal offenses In any other state, United States possession or in a court of federaljurisdiction, except such motor vehicle offenses as aforesaid, and have not been imprisoned under sentence or committed as a delinquent In any otherstate or country within the preceeding three years.

Signed under penalties of perjury,

Signature of petitioner

To the best of my knowledge:

a) All of my court appeamace and court disposition records, including termination of court supervision, probation, or sentence for anymisdemeanor occurred not less than ten years prior to this request b) that my court appearance and court disposition records, Including terminationof court supervision, probation or sentence for any felony occurred not less than fifteen years prior to this request c) that I have not been found guiltyof any criminal offense within the commonwealth in the last ten years preceeding such request, except motor vehicle offenses in which the penaltydoes not exceed a fine of fifty dollars; d) I have not been convicted of any criminal offense in any other state, United States possession or in a court of

federal jurisdiction, except such motor vehicle offenses as aforesaid, and have not been Imprisoned under sentence or committed as a delinquent Inany other state or country within the preceeding ten years; and e) my record does not include convictions of offenses other than those to which thesection applies, or convictions for violations of sections one hundred and twenty-one to one hundred thlty one H, inclusive, of chapter one hundredand forty or for violations of chapter two hundred and sixty eight or chapter two hundred and sixty-eight A.

Signed under penalties of perjury,

Signature of petitioner

PETITIONER NOT TO WRITE BELOW THIS LINEPetition Allowed/Disallowed 01 02 03 04Allowed (Copy to Clerk and Probation Office)Reason for Disallowance (Copy to petitioner only)

1.

2.

3.

;SP 10/01)

Mailing Address (Number)

Birthplace

(Street) (CO) (State) (Zip Code)

Father's Name Mother's Maiden Name

CourtAppearance

Date Disposition

Court No. Docket No.

Offense

TRIAL COURT OF MASSACHUSETTSOFFICE OF THE COMMISSIONER OF PROBATION

ONE ASHBURTON PLACE, ROOM 405BOSTON, MASSACHUSETTS 02108

617-727-5300

f; *sr In

C ljel

6- it - t)Olk

Petition to court to seal record of adult criminal and/or juvenile Massachusetts court appearances anddispositions.

PETITIONER'S NAME:

(Print) Date of Birth (Last Name) (First Name) (Middle Name)

Alias/Maiden/Previous Name

Section 100c - Chapter 276 (May Seal) Dismissed, except in rIASO where probation has beenimposed. Nolle Prosequi, No Probable Cause, Not Guilty.

Section 34 - Chapter 94C (Drug controlled substance). (May Seal). First offense.

Section 34 - Chapter 94C (Drug controlled substance). (Shall Seal). Possession of marijuana, or controlledsubstance in Class E.

H Section 44 - Chapter 94C (Drug controlled substance). (Shall Seal). Not guilty, complaint dismissed ornol prossed.

II Chapter 1102 of 1973 - Conviction of possession of marijuana prior to July 1, 1972. (Shall Seal).

Date Signature of Petitioner

Petitioner NOT To Write Below This Line

Petition Allowed/Disallowed

Upon a hearing on this matter on

I find that SEALING WAS NECESSARY TO EFFECTUATEA COMPELLING GOVERNMENTAL INTEREST.

Judge's Signature Date C.P.O. Signature Rec'd by Commissioner of Probation

Instructions

After the petition is allowed, send the white copy to theClerk's Office, the yellow copy to the Commissionerof Probation and the pink copy of the petitioner.

All copies must be signed by the judge. The yellowcopy must be signed by the Chief Probation Officerbefore being forwarded to the Office of the Commis-sioner of Probation.

FiA7 (6/89)

HIGHLIGHTS OF MASSACHUSETTS CORI REFORM BILL (July 31, 2010) Page 1 of 3

St-GA

MassLegalServices

Published on Mass Legal Services (http://www.masslegalservices.org)

Home > Library > CORI > HIGHLIGHTS OF MASSACHUSETTS CORI REFORM BILL (July 31,2010)

HIGHLIGHTS OF MASSACHUSETTS CORIREFORM BILL (July 31, 2010)Date: 07/31/2010 Author: Pauline Quirion, Greater Boston Legal Services

Highlights of the bill are below and attached as a PDF.

HIGHLIGHTS OF MASSACHUSETTS CORI REFORM

CHAPTER 256 OF THE ACTS OF 2010

1. WAITING PERIODS TO SEAL CONVICTIONS.

Section 128 of the bill. This section amends Chapter 276, § 100A pertaining to sealing of convictionsto reduce the waiting period to 5 years to seal a misdemeanor and 10 years to seal a felony. EffectiveMay 4, 2012.

Section 128 of the bill: Wording in Chapter 276, § 100A of the present law that is now construed insome cases to mean that probation before dismissal restarts the clock on conviction waiting periods iseliminated. Effective May 4, 2012.

Section 129 of the bill: Amends Chapter 276, § 100A to add that Chapter 209A violation convictionsare treated as felonies for purposes of sealing. Effective May 4, 2012.

Section 129 of the bill: Amends Chapter 276, § Section 100A to add that people with sex offenses canseal these records after 15 years, BUT only if: (1) they have no duty to register as a sex offender for acrime in Massachusetts and if the offense was committed out of state, they would not have to registeras sex offender had the crime occurred here; AND (2), they were never classified as a level 2 or 3 sexoffender AT ANY TIME and at present, are not required to register as a sex offender. Effective May4, 2012.

Section 129 of the bill: Convictions for crimes against public justice (perjury, witness intimidation,disrupting court proceedings, resisting arrest, etc.), state ethics violations (bribery of officials, etc) andfirearms offenses under Chapter 140, §§121-131H are still NEVER sealable. Effective May 4, 2012.

Section 130 of the bill: Sealed convictions are admissible, if relevant, in Chapter 209A cases,adoption, guardianship, child custody or other cases where custody, visitation, or safety of a personare at issue after in camera review by a judge. Effective May 4, 2012.

http://www.masslegalservices.org/print/33002 11 /mom l

HIGHLIGHTS OF MASSACHUSETTS CORI REFORM BILL (July 31, 2010) Page 2 of 3

2. SEALING NON-CONVICTIONS (CHAPTER 276, § 1000)

Section 131 of the bill: Probation before a dismissal is no longer a bar to sealing a record in courtunder Chapter 276, § 1000. Effective May 4, 2012.

3. LAW ENFORCEMENT AND OTHER ACCESS

Section 133 of the bill: Section 100D is added to Chapter 276. This new section gives criminal justiceagencies "immediate access" to sealed CORI data and a person's delinquency cases before age 17.Effective May 4, 2012.

Section 21 of the bill: Chapter 6, § 172 adds that licensing authorities for guns get all CORI, includingsealed records. Effective May 4, 2012.

Section 132 of the bill: It amends § 1000 of Chapter 276 to add that clerks of the District Court,Superior Court or Boston Municipal Court shall answer no record exists if inquiries are made after arecord is sealed, unless the inquiry is made by law enforcement. Effective May 4, 2012.

Note: This adds nothing new; clerks offices are already required to maintain confidentiality of sealedrecords.

4. ACCESS TO EVALUATE JOB AND HOUSING APPLICANTS

Section 19 of the bill: Chapter 6, § 171A added which requires employers, housing, and professionallicensing entities to provide a copy of the CORI if they reject the person because of it.

Section 21 of bill: Chapter 6, § 172 (a)(3): Employers, housing and professional licensing authoritiesget convictions that are not yet aged out and pending cases.

Section 21 of bill: Chapter 6, § 172 (a)(7): Housing authorities get convictions and pending cases.

Section 21 of the bill: However, convictions for murder, voluntary manslaughter, involuntarymanslaughter, and sex offenses stay in the database forever unless sealed under Chapter 276 ,

§ 100A.

CAVEAT: It is important to note that the need for sealing is not eliminated.

5. BAN THE BOX.

Section 101 of the bill. Amends the anti-discrimination statute, Chapter 151B, § 4, to add a newsection that prohibits asking about criminal offender information at the initial stages of the hiringprocess. However, the new section does not apply to state or federal jobs where there is a mandatoryor presumptive disqualification for a conviction, or state or federal law prohibits hiring a person withone or more convictions. This goes into effect on November 4, 2010.

6. AGENCY SHIFTS CORI MANAGEMENT.

Section 1 to 9 of the bill. A new Department of Criminal Justice Information Services in theExecutive Office of Public Safety takes over past functions of the Criminal History Systems Board(CHSB). CHSB becomes a different entity under section 9. The transition starts on November 4,2010.

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r 4http://wwvv.masslegalservices.org/print/33002 11 /111/1n1 1