Articles Posted in Records and Collateral Consequences

Massachusetts law often permits a person to obtain the sealing of 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…

By Attorney Joe Serpa | Georgetown University Law Center | Massachusetts Criminal Defense Since 1995 Clients who win their cases often ask when the record will disappear. For a Massachusetts case there is a real answer, with statutes and waiting periods and a petition to file. For a federal case the answer comes from 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, federal immigration enforcement increased across the country, including in Massachusetts. ICE terminated the SEVIS records of international students more quickly, and the State Department began revoking visas after criminal arrests far more often. Three years ago,…