Articles Posted in Records and Collateral Consequences

Massachusetts law often permits a person to seal a dismissal, nolle prosequi, or completed continuance without a finding. The correct procedure depends on the exact disposition. Some non-conviction records must be sealed without a discretionary hearing. Other dismissals require a petition to the court. An older record may qualify for administrative sealing through the Commissioner…

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 The question arrives weekly in this office: the case is over, I won, so when does the record disappear? For a Massachusetts case there is a real answer, with statutes and waiting periods and a petition to file. For a…

Massachusetts judges do not apply one general fairness test to every sealing and expungement request. A judge decides whether to seal a dismissal or nolle prosequi under M.G.L. c. 276, § 100C. A judge also decides whether to grant a time-based expungement petition after the Commissioner of Probation certifies eligibility and whether to grant a…

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 In 2025 and 2026, the enforcement environment for non-citizens in Massachusetts changed profoundly. Federal immigration enforcement intensified nationally, SEVIS terminations for international students accelerated, and the State Department began revoking visas after criminal arrests far more aggressively. A non-citizen who…