I’m applying for jobs but am concerned about a criminal conviction I have on my record from nearly 20 years ago. Under Massachusetts law, is there any way to seal criminal records? -- Various readers
Under Massachusetts General Laws, c. 276, s. 100A, you may apply to the Commissioner of Probation to have your “record of criminal court appearances and dispositions in the commonwealth” sealed, using a form provided by the Commissioner (617-727-5300). You cannot apply until 15 years after the completion of your sentence for felonies and until ten years after the completion of your sentence for a misdemeanor. In either case, you must not have been convicted of any criminal offense in the ten years preceding your request (in Massachusetts or in other states or federal jurisdictions), with the exception of “motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars.”
Although the statute contains some exceptions and the effect of sealing your record varies depending on the situation, job applicants do benefit from its provisions. All applications for employment in Massachusetts that seek information about prior arrests or convictions must contain the following language: An applicant for employment with a sealed record on file with the Commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions.
For more information or to post a question, visit our MA Employment Law Discussion Forum.