FAQ: Sealing and Expunging a Massachusetts Criminal Record (CORI)

Prepared by Attorney Joseph Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense | Serpa Law Office, Boston and Quincy

The questions below address Massachusetts criminal record sealing and expungement under M.G.L. c. 276, §§ 100A–100U and M.G.L. c. 276, § 100E. These are among the most frequently asked questions in Massachusetts criminal law — asked by people who were charged years ago, by professionals trying to get licensed, by students applying to graduate school, and by anyone whose past is affecting their present. For related information see our practice area page: Sealing and Expunging a Massachusetts Criminal Record.

Understanding Your Massachusetts CORI

What is a CORI and who can see it?

A Criminal Offender Record Information (CORI) report is the official Massachusetts criminal record maintained by the Department of Criminal Justice Information Services (DCJIS) and the Office of the Commissioner of Probation. It is created the moment a criminal charge is entered at arraignment — even if the charge is later dismissed or the defendant is found not guilty at trial. A CORI contains the charges, the court, the disposition, and the date of each case.
Under M.G.L. c. 6, § 172, most Massachusetts employers, landlords, educational institutions, and licensing boards are authorized to request a CORI check. However, access is tiered — criminal justice agencies have the broadest access, while most private employers are limited to seeing only convictions and pending charges. The specific information visible to a requestor depends on their category of authorization.

Does a dismissed case appear on my Massachusetts CORI?

Yes — unless it has been sealed or expunged. A dismissed case appears on a CORI report for most requestors until it is sealed. Under M.G.L. c. 276, § 100C, cases that resulted in a finding of not guilty, a nolle prosequi, or a dismissal are automatically sealed from public view after a set period. However, for employers in certain categories — schools, nursing homes, and other positions working with vulnerable populations — even dismissed cases remain visible until formally sealed under M.G.L. c. 276, § 100A. This is why proactively sealing a dismissed case is often important even when the outcome was favorable.

Does a CWOF appear on my CORI as a conviction?

A Continuance Without a Finding (CWOF) is not a conviction under Massachusetts law — no guilty finding is entered. However, it does appear on a CORI report as a pending case during the continuance period and as a disposed case after it is dismissed. Certain categories of employers — particularly those working with children or vulnerable adults — can see CWOFs even after dismissal until the case is sealed. For federal purposes, immigration authorities, and most professional licensing boards, a CWOF is treated as a conviction regardless of its Massachusetts classification. Sealing a CWOF record after the eligibility period has passed removes it from most background checks. See: CWOF, Pretrial Probation, and Diversion in Massachusetts.

If I was arrested but never charged, is there a CORI record?

An arrest without a subsequent charge — where the District Attorney’s Office declines to prosecute and no arraignment occurs — does not create a CORI entry in the traditional sense. The CORI system generates entries at arraignment, not at arrest. However, arrest data may appear in other databases — including FBI records maintained by the Interstate Identification Index (III) — that are separate from the Massachusetts CORI system and are accessible in federal background checks. If a clerk-magistrate hearing was held and the application was denied before arraignment, no CORI entry is created in any Massachusetts system.

Can I check my own Massachusetts CORI?

Yes. Any individual can request their own CORI report from the DCJIS online portal at iCORI.mass.gov at no cost. A personal CORI request shows the same information that a standard employer-level requestor would see. Law enforcement agencies and certain licensing boards may have access to additional information beyond what appears on a standard employer-level CORI — including sealed records in some circumstances. Reviewing your own CORI before applying for jobs, licenses, or housing is advisable, and the report will confirm exactly which cases are visible and which have already been sealed.

What is the difference between sealing and expungement in Massachusetts?

Sealing under M.G.L. c. 276, § 100A makes a CORI record inaccessible to most employers, landlords, and the general public — when a sealed record exists, the DCJIS and Probation respond to background check requests with ‘no record found.’ The sealed record continues to exist in the system and remains accessible to law enforcement and criminal courts. Under M.G.L. c. 276, § 100A(b), a person with a sealed record may truthfully answer ‘no’ when asked whether they have a criminal record by most employers and educational institutions.
Expungement under M.G.L. c. 276, § 100E permanently destroys the record — not merely conceals it. After expungement, no record exists in the state system, and the DCJIS must respond to all queries, including from law enforcement, with ‘no record found.’ Expungement is available only in a narrow category of cases under specific statutory conditions. Most people are eligible for sealing, not expungement. For a full analysis see: Sealing and Expunging a Massachusetts Criminal Record.

What are the waiting periods for sealing a Massachusetts criminal record?

Under M.G.L. c. 276, § 100A, the waiting periods for administrative sealing — sealing by mail through the Probation Service, without a court hearing — are:
Misdemeanor convictions: 3 years from the date of conviction or release from incarceration, whichever is later
Felony convictions: 7 years from the date of conviction or release from incarceration, whichever is later
Cases resulting in dismissal, nolle prosequi, or not guilty: no waiting period for most requestors — these cases can be immediately sealed by petition in most circumstances
CWOF dispositions: treated as a conviction for sealing purposes under M.G.L. c. 276, § 100A — the 3-year or 7-year period applies depending on the charge
During the waiting period, the clock restarts if a new conviction is entered. All cases on a CORI must be separately eligible — a person with multiple cases on their CORI must satisfy the waiting period for each case individually before the entire record can be sealed through the administrative process.

Can a Massachusetts criminal record be sealed before the waiting period expires?

Yes — through a judicial petition under M.G.L. c. 276, § 100C. A court can order early sealing upon a finding of ‘good cause’ — that the petitioner faces or may face an unreasonable disadvantage arising from the criminal record. Recent Massachusetts SJC decisions have interpreted ‘good cause’ broadly, recognizing that employment barriers, professional licensing obstacles, and housing discrimination constitute sufficient grounds. A petition for early sealing requires a court hearing at which the petitioner presents evidence of the specific disadvantage caused by the CORI entry. Attorney Serpa has successfully petitioned for early sealing in numerous cases where the waiting period had not expired. Contact Serpa Law Office at 617.936.0201 to assess whether an early petition is appropriate in your circumstances.

What offenses are not eligible for sealing in Massachusetts?

Under M.G.L. c. 276, § 100A, certain categories of offenses are permanently excluded from sealing:
Convictions for first degree murder (M.G.L. c. 265, § 1)
Convictions for second degree murder (M.G.L. c. 265, § 2)
Certain sex offenses that result in a Sex Offender Registry Board (SORB) classification at Level 2 or Level 3
Offenses requiring lifetime SORB registration under M.G.L. c. 6, § 178D
All other offenses — including most felonies, domestic violence charges (M.G.L. c. 265, § 13M), OUI convictions (M.G.L. c. 90, § 24), and drug trafficking (M.G.L. c. 94C, § 32E) — are eligible for sealing after the applicable waiting period. The existence of a sealing bar is determined by the specific charge of conviction, not the underlying facts.

How do I seal my Massachusetts criminal record?

There are two pathways. Administrative sealing — sealing by mail — is available when all cases on the CORI have passed their applicable waiting periods. The petitioner mails a completed Petition to Seal form (TC-005) to the Office of the Commissioner of Probation in Boston. No court appearance is required. If the petition is approved, the Probation Service notifies the DCJIS and the applicable courts, and the cases are sealed within 30 to 60 days.
Judicial sealing — sealing by court petition under M.G.L. c. 276, § 100C — is required when the waiting period has not expired, when a case was heard in a court other than a Massachusetts state court, or when a specific case requires individualized judicial review. A petition is filed at the court where the case was heard. A hearing is scheduled. The petitioner presents evidence of good cause. The judge has broad discretion to grant or deny.
For most petitioners, obtaining and reviewing their current CORI report before filing is advisable — the report will confirm which cases are on record, which dispositions apply, and whether any eligibility questions need to be resolved. Contact Serpa Law Office at 617.936.0201 for a CORI review and sealing assessment.

After my record is sealed, can I say I have no criminal record?

Yes, in most circumstances. Under M.G.L. c. 276, § 100A(b), a person whose Massachusetts criminal record has been sealed may answer ‘no’ when asked by an employer, educational institution, landlord, or housing authority whether they have a criminal record. If the DCJIS or Probation receives a background check request about a person with a sealed record, they must respond ‘no record found.’
Important exceptions: law enforcement agencies, criminal courts, the Board of Bar Overseers, the Board of Registration in Medicine, certain licensing boards, and federal agencies including the FBI retain access to sealed records. A sealed Massachusetts CORI does not automatically seal the corresponding FBI record — the FBI maintains its own database (the Interstate Identification Index) that may continue to show the arrest or charge until a separate federal sealing process is completed. For federal employment, immigration, and security clearance purposes, a sealed Massachusetts CORI may still be visible through the FBI record.

Will a sealed Massachusetts record appear in a federal background check?

Not necessarily — but it depends on the type of federal background check. A standard employer CORI check through the DCJIS will show ‘no record found’ for a sealed case. However, FBI background checks conducted through the Interstate Identification Index (III) may still show the underlying arrest or charge data unless a separate request is made to the FBI to update or seal its records. For federal employment (requiring an SF-86), immigration applications (including green card and citizenship), and federal security clearances, the FBI record is reviewed independently of the Massachusetts CORI — and a sealed Massachusetts record may still appear. An attorney can advise on whether a supplemental FBI record challenge is warranted in specific circumstances.

Does sealing my record restore my right to possess firearms in Massachusetts?

It depends on the underlying offense. Sealing a Massachusetts record does not automatically restore firearms rights. Under Massachusetts firearms law (M.G.L. c. 140, §§ 121–131P), a License to Carry (LTC) or Firearms Identification Card (FID) can be denied or revoked based on a statutory disqualifier — including a conviction for certain misdemeanors and all felonies. A sealed conviction may still appear to the licensing authority in a firearms licensing check, because gun licensing authorities retain access to sealed records under Massachusetts law. Expungement — which permanently destroys the record — is more effective at restoring firearms eligibility, but only if the underlying offense is expungement-eligible.

Who is eligible for expungement in Massachusetts?

Expungement under M.G.L. c. 276, § 100E is available in a narrow category of cases. To be eligible, the petitioner must meet all of the following requirements:
The offense must have occurred before the petitioner’s 21st birthday
The petitioner must have no other criminal court appearances on their CORI except for motor vehicle offenses where the penalty did not exceed $50
The petitioner must not currently be under any criminal investigation
The offense is not in the excluded category — offenses involving assault and battery (M.G.L. c. 265, § 13A), domestic violence (M.G.L. c. 265, § 13M), assault with a dangerous weapon (M.G.L. c. 265, § 15B), violations of a 209A order (M.G.L. c. 209A, § 7), sex offenses, and certain other categories are not expungement-eligible
A waiting period of 7 years has passed from the date of conviction or release for felonies, and 3 years for misdemeanors
Because expungement eligibility is narrow and the statutory criteria are specific, an assessment of the full CORI is required before a petitioner can determine whether they qualify. Contact Serpa Law Office at 617.936.0201 for an expungement eligibil

What is the expungement process in Massachusetts?

Expungement under M.G.L. c. 276, § 100E involves two stages. First, the petitioner submits an expungement application to the Office of the Commissioner of Probation for an eligibility review. The Commissioner’s Office reviews the CORI for all cases and determines whether all statutory criteria are met. If found ineligible, the petitioner receives a written denial with the reason. If found eligible, the application is forwarded to the court where the case was heard.
Second, a court hearing is scheduled. The petitioner must appear and present the petition to a judge. The judge has discretion to grant or deny expungement even where all statutory criteria are technically met. If granted, the court orders the destruction of all records — at the courthouse, at the Probation Service, and at the DCJIS. The process typically takes 3 to 6 months from filing to completion.

What happens after a Massachusetts expungement is granted?

After expungement under M.G.L. c. 276, § 100E, the records are permanently destroyed at the DCJIS, the court, and the Probation Service. The DCJIS must respond to all future queries — including from law enforcement — with ‘no record found.’ Unlike sealing, there is no category of authorized requestor that retains access to an expunged record in the Massachusetts system. A person whose record is expunged may truthfully state that they have no criminal record in virtually any context under Massachusetts law.
The FBI record, however, is separate. Expungement of a Massachusetts state record does not automatically expunge the corresponding federal record maintained in the Interstate Identification Index. A separate request must be made to the FBI to update or challenge the federal record — particularly important for immigration applications, federal employment, and security clearance purposes.

Can a dismissed case be expunged in Massachusetts?

A dismissed case that qualifies under the statutory criteria — offense before age 21, no other CORI entries, offense not in the excluded category — may be expunged. The waiting periods apply to dismissed cases as well as convictions. However, many dismissed cases are also eligible for immediate administrative sealing under M.G.L. c. 276, § 100C, which may be a faster and simpler path to the same practical result for most requestors. An attorney can advise on whether sealing or expungement is the more appropriate pathway in specific circumstances.

Will a sealed or expunged Massachusetts record affect my professional license?

It depends on the licensing board. Most Massachusetts licensing boards — including the Board of Registration in Medicine, the Board of Bar Overseers, the Division of Professional Licensure, and the nursing board under M.G.L. c. 112 — retain access to sealed records. A sealed Massachusetts CORI does not eliminate the disclosure obligation or the board’s ability to investigate the underlying conduct. Expungement provides stronger protection — boards generally cannot access an expunged record — but expungement eligibility is narrow and many professional licensing matters arise from convictions that are not expungement-eligible. For licensed professionals whose licensing board retains access to sealed records, the most effective strategy is obtaining the best possible case outcome in the criminal proceeding itself — a clerk-magistrate hearing denial that prevents any CORI entry — rather than relying on sealing after the fact.

Can I get my record sealed if I still owe court fines or restitution?

Unpaid court fines and restitution do not automatically bar sealing — the Massachusetts sealing statute does not list outstanding financial obligations as a disqualifier. However, a judge conducting a judicial sealing hearing has discretion to consider unpaid obligations in determining whether to grant the petition. For administrative sealing by mail, the Probation Service reviews the CORI and case dispositions; outstanding fines on an otherwise eligible case should not prevent the seal from being granted. It is advisable to resolve outstanding financial obligations before filing a sealing petition whenever possible.

I am a college student with a charge from a few years ago. Can I seal it?

Yes — if the case resulted in a conviction or CWOF, and the applicable waiting period (3 years for a misdemeanor, 7 for a felony) has passed. If the case was dismissed — including a CWOF that has been dismissed after completion of the continuance period — it may be eligible for immediate sealing without waiting. For students applying to graduate school, medical school, law school, or professional programs, a sealed CORI means the DCJIS responds to background check requests with ‘no record found.’ Most graduate school applications ask about criminal history — a sealed record in Massachusetts generally does not need to be disclosed to Massachusetts institutions, though federal applications (FAFSA, federal employment) use their own standards. An attorney can review the specific CORI and advise on the appropriate timing and method of sealing.

Can a Massachusetts drug conviction be sealed?

Yes. Drug offenses under M.G.L. c. 94C — including possession (§ 34), distribution (§§ 32, 32A, 32B), and trafficking (§ 32E) — are eligible for sealing under M.G.L. c. 276, § 100A. There is no categorical bar to sealing drug convictions in Massachusetts, including trafficking convictions that carried mandatory minimum sentences. The standard waiting periods apply: 3 years from the date of conviction or release for misdemeanors, 7 years for felonies.
Drug convictions carry significant collateral consequences beyond the criminal sentence — they can affect federal student loan eligibility under the Higher Education Act, DEA prescribing authority for healthcare professionals, federal housing assistance, and immigration status. Sealing the Massachusetts CORI removes the conviction from most employer background checks, but does not automatically undo federal consequences already imposed, and does not affect the FBI record. For international students or visa holders, a drug conviction under M.G.L. c. 94C is a controlled substance offense under federal immigration law — sealing the state record does not cure the federal immigration consequence. See our practice area page on Immigration Consequences of Massachusetts Criminal Charges

Will my Massachusetts OUI conviction be sealed automatically?

No — sealing is not automatic for any conviction in Massachusetts, including OUI convictions under M.G.L. c. 90, § 24. An OUI conviction must be petitioned for sealing after the 3-year waiting period (first offense misdemeanor) or 7-year period (felony OUI) has passed from the date of conviction or release. An OUI conviction is sealing-eligible under M.G.L. c. 276, § 100A — there is no categorical bar. However, certain OUI-related driving records are maintained by the Massachusetts RMV independently of the CORI system and are not affected by a CORI seal. An RMV driving record showing prior OUI entries remains accessible to insurance companies and the RMV regardless of whether the criminal CORI entry has been sealed.

Does sealing a Massachusetts record affect my immigration status?

Sealing a Massachusetts criminal record does not undo the immigration consequences of a conviction for federal immigration purposes. Under federal immigration law, a conviction is defined by its underlying facts and sentence, not by how Massachusetts classifies it after the fact. A sealed conviction for a crime involving moral turpitude (CIMT), an aggravated felony, a controlled substance offense, or a domestic violence offense retains its immigration consequences even after sealing. Similarly, a CWOF — which is not a conviction under Massachusetts law — is treated as a conviction for most immigration purposes, and sealing the CWOF record does not change that federal classification. Anyone with an active immigration matter should consult an immigration attorney before assuming that sealing eliminates immigration consequences. See our practice area page on Immigration Consequences of Massachusetts Criminal Charges.

The best way to protect my record is to avoid getting one in the first place. Is that right?

Yes — and this is the single most important point on this entire page. A clerk-magistrate hearing under M.G.L. c. 218, § 35A, available for most misdemeanor charges before arraignment, is the most effective record protection available in the Massachusetts system. If the application for a complaint is denied or held in abeyance and later dismissed at that stage, no CORI entry is ever created — not even a dismissed case entry that would later require sealing. There is no waiting period, no petition process, no residual FBI record, no professional license disclosure obligation, and no immigration consequence from a proceeding that generated no public record.
Sealing and expungement are valuable tools for addressing records that already exist. But for someone facing a current charge, early intervention — retaining a defense attorney before the clerk-magistrate hearing, before arraignment — is categorically more effective than any post-disposition remedy. See: A Practitioner’s Guide to Massachusetts Clerk-Magistrate Hearings and What to Do in the First 24 Hours After a Massachusetts Arrest.

For further information see our practice area page on Sealing and Expunging a Massachusetts Criminal Record, our Massachusetts Criminal Records (CORI) overview, and our CWOF and Diversion FAQ.

Contact Serpa Law Office at 617.936.0201 for a free CORI review and sealing assessment. Boston office: 20 Park Plaza #400A. Quincy office: 500 Victory Rd., Suite 400A.

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