Sealing Criminal Records in Boston Lawyer

Former Prosecutors Handling Massachusetts CORI Sealing for Convictions, Dismissals & Non-Conviction Records

A criminal charge in Massachusetts creates a CORI (Criminal Offender Record Information) entry the moment a case is arraigned, regardless of how it ends. A dismissed case, a not guilty verdict, a nolle prosequi by the prosecutor: all of them appear on a background check until the record is sealed. Employers, landlords, schools, and professional licensing boards can access that record, limiting opportunities long after the courthouse is behind you.

Massachusetts law offers a path forward under MGL c. 276, §100A and §100C. Once a record is sealed, the Commissioner of Probation reports no record in response to employer and housing inquiries, and a person may legally answer no record on job and housing applications. Attorneys James G. DeGiacomo and Sergey Mikhlin handle record sealing matters and can assess whether a petition is available, which pathway applies, and how to build a strong case for granting it.

Eligibility: Two Pathways to Seal a Criminal Record in Massachusetts

Massachusetts provides two distinct routes to sealing a criminal record, and the right one depends on how the underlying case was resolved.

Administrative Sealing for Convictions

Under MGL c. 276, §100A, a person convicted of a crime may petition the Commissioner of Probation by mail, without a court appearance, after satisfying a waiting period with no new convictions. Following the 2018 Criminal Justice Reform Act, the current waiting periods are:

• Misdemeanor convictions: 3 years from the end of any incarceration or period of supervision
• Felony convictions: 7 years from the end of any incarceration or period of supervision
• Sex offense convictions: 15 years from the end of any incarceration or period of supervision

A continuance without a finding (CWOF), a disposition in which a guilty finding is withheld pending successful completion of probation, becomes eligible for sealing once the probationary term concludes.

Discretionary Sealing for Non-Convictions

Under MGL c. 276, §100C, cases that ended in dismissal, nolle prosequi, a finding of no probable cause, or a not guilty verdict may be sealed immediately. There is no waiting period. The petitioner files with the appropriate court and must demonstrate that substantial justice would be served by sealing the record. The judge has discretion to schedule a hearing or deny the petition without one if the threshold requirements aren’t met.

The Boston Municipal Court also permits a single consolidated petition to cover three or more dismissals and non-conviction records from two or more BMC divisions under its Amended Standing Order 1-09.

Records That Cannot Be Sealed

Massachusetts law prohibits sealing certain convictions regardless of how much time has passed. These include crimes against public justice under MGL c. 268 (such as perjury and witness intimidation), certain firearms offenses under MGL c. 140, §§121–131H, and conflict-of-interest violations under MGL c. 268A. Persons currently registered as Level 2 or Level 3 sex offenders can’t seal qualifying sex offense convictions. Sealing also doesn’t restore firearms rights under Massachusetts law.

What Sealing Does & Does Not Do

After a record is sealed, the Commissioner of Probation reports no record exists in response to non-law-enforcement inquiries. The petitioner may legally answer no record on job, housing, and professional license applications. That access doesn’t disappear entirely, however. Sealed records remain accessible to law enforcement agencies, courts, certain employers working with vulnerable populations such as schools and adoption agencies, and firearms licensing authorities. They may also be used in sentencing for a subsequent conviction and introduced in family court proceedings involving custody, child abuse, or child safety.

Sealing is distinct from expungement. A sealed record remains in existence but is hidden from most inquiries. An expunged record under MGL c. 276, §§100E–100U is permanently destroyed and treated as though it never existed. Because expungement applies only in narrow circumstances, sealing is the more commonly available remedy for most people with a Massachusetts criminal record.

Start with a Free Consultation

Both attorneys are former prosecutors. That background shapes how they approach a sealing petition: they build the record with the same scrutiny the court may apply, anticipate likely objections, and present a strong available case for relief. Attorney DeGiacomo and Attorney Mikhlin appear personally in court on sealing matters, including hearings under §100C where judicial discretion is at stake. The firm is available 24 hours a day, and free initial consultations are available to assess eligibility and outline next steps.

To discuss sealing your criminal record in Boston or anywhere in Massachusetts, call Degiacomo & Mikhlin, P.C. now at (617) 941-3666 or contact the firm online for a free consultation.