Defense Lawyer
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 to 100U and M.G.L. c. 276, § 100E. People ask these questions more often than almost any others in Massachusetts criminal law. People who faced charges years ago ask them. So do professionals trying to get licensed, students applying to graduate school, and anyone whose past keeps intruding on their present. For related information see our practice area page on Sealing and Expunging a Massachusetts Criminal Record.
Understanding Your Massachusetts CORI
In Gravito v. Commonwealth, the Supreme Judicial Court confirmed that sealing never limits your own access. A defendant and his attorney keep full access to his own sealed records and may use them in his defense, without any special motion, because sealing closes a record to others and not to you. Read our full analysis of the Gravito decision on sealed record access.
Our page covering Massachusetts sealing and expungement standards sets out in depth, with full case citations, the standards judges apply to these petitions, the Pon good cause factors, the J.F. rule of mandatory sealing for not guilty findings, the K.W. presumption in favor of expungement, and the offenses that remain permanently ineligible. That page also explains what a state seal does and does not do to an FBI record.
Why Record Protection Starts Before the Record Exists
Serpa Law Office treats record protection as a defense strategy, not an afterthought. The single best moment to protect a CORI is before the system creates one. For most misdemeanor charges, Massachusetts law requires a clerk-magistrate hearing before any complaint issues, and a denial at that stage means the case never reaches arraignment and never generates a record for anyone to seal. Attorney Serpa has spent thirty years persuading clerk-magistrates across Greater Boston to deny complaints, hold applications in abeyance, or resolve accusations quietly before they become public. Our case results page shows how often that early work ends a matter before it starts.
The same thinking applies once a complaint issues. A dismissal before arraignment, a CWOF or diversion outcome structured with the record in mind, or a reduction that preserves sealing eligibility can change what a background check shows for decades. Students, nurses, teachers, financial professionals, tradespeople with licenses on the line, and immigrants and visa holders all face consequences that outlast the case itself. When we defend a current charge, we plan for the CORI from the first phone call. When the record already exists, the questions below explain what sealing and expungement can and cannot do about it.
How We Prepare a Sealing Petition That Wins
A judicial sealing petition succeeds on preparation, not on sympathy. Judges applying the good cause standard want specifics, so we build the file before we file the petition. We pull the current CORI and verify every disposition, because clerical errors and unresolved counts sink otherwise strong petitions. We document the disadvantage in concrete terms, with rejection letters from employers, correspondence from licensing boards, and housing denials rather than general statements about stigma. We then present the client’s record since the case ended, including work history, education, treatment where relevant, and community ties. That evidence speaks directly to the factors courts weigh, and it converts an abstract request into a specific showing that the record now causes harm out of proportion to any public interest in keeping it open.
Timing matters too. A petitioner one year short of the waiting period who faces a pending job offer presents a different case from one who simply prefers a clean slate, and we counsel clients honestly about which petitions are ripe. For clients whose CORI includes several cases, we sequence the work, sealing the eligible cases administratively while building the good cause showing for the rest. The questions and answers below cover the rules in detail, and a short consultation lets us apply them to your actual record.
A Criminal Offender Record Information (CORI) report is the official Massachusetts criminal record that the Department of Criminal Justice Information Services (DCJIS) and the Office of the Commissioner of Probation maintain. The system creates the entry the moment a court dockets a criminal charge at arraignment, and the entry stays even if the court later dismisses the charge or a jury returns a not guilty verdict. A CORI lists 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 may request a CORI check. Access is tiered. Criminal justice agencies see the most, while most private employers see only convictions and pending charges. What any given requestor can view depends on its category of authorization.
Yes, unless you seal or expunge it. A dismissed case stays on a CORI report for most requestors until a seal takes effect. Under M.G.L. c. 276, § 100C, the law seals cases that ended in a not guilty finding, a nolle prosequi, or a dismissal from public view after a set period without any petition. Employers in certain categories, including schools, nursing homes, and other positions serving vulnerable populations, still see even dismissed cases until you formally seal them under M.G.L. c. 276, § 100A. That is why we often advise sealing a dismissed case proactively even when the outcome was favorable.
How cases come to be dismissed in the first place, and why even a dismissed case stays on the CORI until it is sealed, is explained on how criminal cases get dismissed in Massachusetts.
A Continuance Without a Finding (CWOF) is not a conviction under Massachusetts law because the court never enters a guilty finding. It still appears on a CORI report, first as a pending case during the continuance period and then as a disposed case after the dismissal. Certain categories of employers, particularly those serving children or vulnerable adults, can see a CWOF even after dismissal until you seal it. Immigration authorities, federal agencies, and most professional licensing boards treat a CWOF as a conviction no matter how Massachusetts classifies it. Sealing the CWOF record after the eligibility period passes removes it from most background checks. Our guide to CWOF, Pretrial Probation, and Diversion in Massachusetts covers the details.
An arrest that never becomes a 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. Arrest data may still appear in other databases, including the FBI records in the Interstate Identification Index (III), which sit outside the Massachusetts CORI system and surface in federal background checks. If a clerk-magistrate heard the application and denied it before arraignment, no Massachusetts system ever creates a CORI entry.
Yes. You can request your own CORI report from the DCJIS online portal at iCORI.mass.gov at no cost. A personal CORI request shows the same information a standard employer-level requestor would see. Law enforcement agencies and certain licensing boards may see more than a standard employer-level CORI reveals, including sealed records in some circumstances. We advise reviewing your own CORI before you apply for jobs, licenses, or housing. The report confirms exactly which cases remain visible and which the state has already sealed.
Sealing under M.G.L. c. 276, § 100A hides a CORI record from most employers, landlords, and the general public. When a sealed record exists, the DCJIS and Probation answer background check requests with ‘no record found.’ The sealed record continues to exist in the system, and law enforcement and the criminal courts keep access to it. Under M.G.L. c. 276, § 100A(b), a person with a sealed record may truthfully answer ‘no’ when most employers and educational institutions ask about a criminal record.
Expungement under M.G.L. c. 276, § 100E permanently destroys the record rather than merely concealing it. After expungement, no record exists in the state system, and the DCJIS must answer every query, including queries from law enforcement, with ‘no record found.’ The statute limits expungement to a narrow category of cases under specific conditions. Most people qualify for sealing, not expungement. Our page on Sealing and Expunging a Massachusetts Criminal Record offers a full analysis.
Under M.G.L. c. 276, § 100A, administrative sealing, which works by mail through the Probation Service without a court hearing, follows set waiting periods. Misdemeanor convictions require 3 years from the date of conviction or release from incarceration, whichever is later. Felony convictions require 7 years on the same terms. Cases that ended in dismissal, nolle prosequi, or a not guilty finding carry no waiting period for most requestors, and a petition can usually seal them immediately. The statute treats a CWOF as a conviction for sealing purposes, so the 3-year or 7-year period applies depending on the charge.
A new conviction during the waiting period restarts the clock. Every case on a CORI must qualify separately. A person with multiple cases must satisfy the waiting period for each case individually before the administrative process can seal the entire record.
Yes, through a judicial petition under M.G.L. c. 276, § 100C. A court can order early sealing when it finds ‘good cause,’ meaning the petitioner faces or may face an unreasonable disadvantage arising from the criminal record. Recent Massachusetts SJC decisions read ‘good cause’ broadly and recognize employment barriers, professional licensing obstacles, and housing discrimination as sufficient grounds. An early sealing petition requires a court hearing at which the petitioner presents evidence of the specific disadvantage the CORI entry causes. Attorney Serpa has won 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 fits your circumstances.
Under M.G.L. c. 276, § 100A, the law permanently excludes certain categories of offenses from sealing. Convictions for first degree murder (M.G.L. c. 265, § 1) and second degree murder (M.G.L. c. 265, § 2) never qualify. Certain sex offenses that carry a Sex Offender Registry Board (SORB) classification at Level 2 or Level 3 fall outside sealing, as do offenses requiring lifetime SORB registration under M.G.L. c. 6, § 178D.
Every other offense qualifies after the applicable waiting period. That includes 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). The specific charge of conviction, not the underlying facts, determines whether a sealing bar exists.
Two pathways exist. Administrative sealing, which is sealing by mail, works when every case on the CORI has passed its applicable waiting period. The petitioner mails a completed Petition to Seal form (TC-005) to the Office of the Commissioner of Probation in Boston and never has to appear in court. If Probation approves the petition, it notifies the DCJIS and the applicable courts, and the seal takes effect within 30 to 60 days.
Judicial sealing, which is sealing by court petition under M.G.L. c. 276, § 100C, applies when the waiting period has not expired, when a court other than a Massachusetts state court heard the case, or when a specific case needs individualized judicial review. The petitioner files at the court that heard the case. The court schedules a hearing. The petitioner presents evidence of good cause. The judge holds broad discretion to grant or deny.
We advise most petitioners to obtain and review their current CORI report before filing. The report confirms which cases appear, which dispositions apply, and whether any eligibility questions need resolution. Contact Serpa Law Office at 617.936.0201 for a CORI review and sealing assessment.
Yes, in most circumstances. Under M.G.L. c. 276, § 100A(b), a person with a sealed Massachusetts criminal record may answer ‘no’ when an employer, educational institution, landlord, or housing authority asks about a criminal record. When the DCJIS or Probation receives a background check request about a person with a sealed record, it must respond ‘no record found.’
Important exceptions exist. 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 keep 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, which may keep showing the arrest or charge until you complete a separate federal sealing process. For federal employment, immigration, and security clearance purposes, the FBI record may still reveal a sealed Massachusetts case.
Not necessarily, but the answer depends on the type of federal background check. A standard employer CORI check through the DCJIS shows ‘no record found’ for a sealed case. FBI background checks that run through the Interstate Identification Index (III) may still show the underlying arrest or charge data unless you ask the FBI to update or seal its records. Federal employment applications that require an SF-86, immigration applications including green card and citizenship petitions, and federal security clearances all review the FBI record independently of the Massachusetts CORI, so a sealed Massachusetts record may still appear. An attorney can advise whether a supplemental FBI record challenge makes sense in your specific circumstances.
Licensing boards receive CORI at levels that exclude sealed records, and license applicants may answer “no record”. The board rules are on professional license consequences.
The underlying offense controls. Sealing a Massachusetts record does not automatically restore firearms rights. Under Massachusetts firearms law (M.G.L. c. 140, §§ 121 through 131P), the licensing authority can deny or revoke a License to Carry (LTC) or Firearms Identification Card (FID) based on a statutory disqualifier, including a conviction for certain misdemeanors and for all felonies. A sealed conviction may still appear to the licensing authority in a firearms licensing check, because gun licensing authorities keep access to sealed records under Massachusetts law. Expungement, which permanently destroys the record, does more to restore firearms eligibility, but only if the underlying offense qualifies for expungement.
Expungement under M.G.L. c. 276, § 100E covers a narrow category of cases, and the petitioner must meet every statutory requirement. The offense must have occurred before the petitioner’s 21st birthday. The petitioner must have no other criminal court appearances on the CORI apart from motor vehicle offenses with penalties of $50 or less. The petitioner must not be under any current criminal investigation. The offense must fall outside the excluded category, which covers 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 charges. A waiting period must also have passed, 7 years 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, a full CORI assessment comes first. Contact Serpa Law Office at 617.936.0201 for an expungement eligibility review.
Expungement under M.G.L. c. 276, § 100E moves in 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 every case on the CORI and decides whether the petitioner meets all statutory criteria. An ineligible petitioner receives a written denial with the reason. An eligible application moves forward to the court that heard the case.
Second, the court schedules a hearing. The petitioner appears and presents the petition to a judge, who keeps discretion to grant or deny expungement even where the petitioner technically meets every statutory criterion. If the judge grants the petition, 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.
After expungement under M.G.L. c. 276, § 100E, the DCJIS, the court, and the Probation Service permanently destroy their records. The DCJIS must answer every future query, including queries from law enforcement, with ‘no record found.’ Unlike sealing, no category of authorized requestor keeps access to an expunged record in the Massachusetts system. A person with an expunged record may truthfully state in virtually any context under Massachusetts law that no criminal record exists.
The FBI record, however, stands apart. Expunging a Massachusetts state record does not automatically expunge the corresponding federal record in the Interstate Identification Index. You must ask the FBI separately to update or challenge the federal record, and that step matters most for immigration applications, federal employment, and security clearance purposes.
A dismissed case that meets the statutory criteria, meaning an offense before age 21, no other CORI entries, and a charge outside the excluded category, may qualify for expungement. The waiting periods apply to dismissed cases just as they apply to convictions. Many dismissed cases also qualify for immediate sealing under M.G.L. c. 276, § 100C, which is often a faster and simpler path to the same practical result for most requestors. An attorney can advise whether sealing or expungement is the more appropriate pathway in your specific circumstances.
The licensing board controls the answer. 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, keep access to sealed records. A sealed Massachusetts CORI does not erase the disclosure obligation or stop the board from investigating the underlying conduct. Expungement protects more strongly, since boards generally cannot reach an expunged record, but expungement eligibility is narrow and many professional licensing matters arise from convictions that do not qualify. For licensed professionals whose boards keep access to sealed records, the most effective strategy is winning the best possible outcome in the criminal case itself, ideally a clerk-magistrate hearing denial that prevents any CORI entry, rather than relying on sealing after the fact.
Unpaid court fines and restitution do not automatically bar sealing. The Massachusetts sealing statute does not list outstanding financial obligations as a disqualifier. A judge conducting a judicial sealing hearing, though, holds discretion to weigh unpaid obligations in deciding whether to grant the petition. For administrative sealing by mail, the Probation Service reviews the CORI and the case dispositions, and outstanding fines on an otherwise eligible case should not block the seal. We still advise resolving outstanding financial obligations before filing a sealing petition whenever possible.
Yes. If the case ended in a conviction or a CWOF, you can seal it once the applicable waiting period passes, 3 years for a misdemeanor and 7 for a felony. If the court dismissed the case, including a CWOF dismissed after completion of the continuance period, you may qualify for immediate sealing with no wait at all. For students applying to graduate school, medical school, law school, or professional programs, a sealed CORI means the DCJIS answers background check requests with ‘no record found.’ Most graduate school applications ask about criminal history. You generally do not need to disclose a sealed Massachusetts record to Massachusetts institutions, though federal applications such as the FAFSA and federal employment forms follow their own standards. An attorney can review the specific CORI and advise on the right timing and method of sealing.
Yes. Drug offenses under M.G.L. c. 94C, including possession (§ 34), distribution (§§ 32, 32A, 32B), and trafficking (§ 32E), qualify for sealing under M.G.L. c. 276, § 100A. Massachusetts imposes no categorical bar on sealing drug convictions, even trafficking convictions that carried mandatory minimum sentences. The standard waiting periods apply, 3 years from the date of conviction or release for misdemeanors and 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 it does not undo federal consequences already imposed and it does not touch the FBI record. For international students and visa holders, federal immigration law treats a conviction under M.G.L. c. 94C as a controlled substance offense, and sealing the state record does not cure that federal consequence. See our practice area page on Immigration Consequences of Massachusetts Criminal Charges.
No. Massachusetts never seals a conviction automatically, and that includes OUI convictions under M.G.L. c. 90, § 24. You must petition to seal an OUI conviction after the 3-year waiting period for a first offense misdemeanor or the 7-year period for a felony OUI, measured from the date of conviction or release. An OUI conviction qualifies for sealing under M.G.L. c. 276, § 100A with no categorical bar. The Massachusetts RMV, though, keeps certain OUI-related driving records independently of the CORI system, and a CORI seal does not reach them. An RMV driving record showing prior OUI entries stays accessible to insurance companies and the RMV no matter what happens to the criminal CORI entry.
Sealing a Massachusetts criminal record does not undo the immigration consequences of a conviction for federal purposes. Federal immigration law defines a conviction 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 keeps its immigration consequences even after sealing. A CWOF, which is not a conviction under Massachusetts law, counts 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.
Yes, and it 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, offers the most effective record protection in the Massachusetts system. If the clerk-magistrate denies the application for a complaint, or holds it in abeyance and later dismisses it, no CORI entry ever comes into existence, not even a dismissed case entry that would later need sealing. No waiting period, no petition process, no residual FBI record, no professional license disclosure obligation, and no immigration consequence flow 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, meaning retaining a defense attorney before the clerk-magistrate hearing and before arraignment, beats 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.
Under Cabrera v. Commonwealth (SJC 2025), a complaint issued without that hearing can be dismissed, though without prejudice; see our page on how Massachusetts criminal cases get dismissed.
For further information, see these related Serpa Law Office resources.
- Sealing and Expunging a Massachusetts Criminal Record
- Massachusetts Criminal Records (CORI) overview
- CWOF and Diversion FAQ
- Massachusetts Probation Violation FAQs
- What Happens at a Massachusetts Probation Violation Hearing.
Contact Serpa Law Office at 617.936.0201 for a free CORI review and sealing assessment. Our Boston office is at 20 Park Plaza #400A, and our Quincy office is at 500 Victory Rd., Suite 400A.











