The Brief
What You Need to Know. No More, No Less.
What Is the Statute of Limitations for Criminal Charges in Massachusetts?
The statute of limitations is the legal time limit for filing criminal charges. Once the period expires, the state generally can’t prosecute—no matter the facts.
In Massachusetts, the time limit depends on the charge:
- Most misdemeanors: 6 years
- Most felonies: 6 years
- Serious crimes (e.g., murder): No time limit
However, the clock can pause (or “toll”) if the accused is out of state, in hiding, or under certain other conditions. For example, if someone leaves Massachusetts after the incident, the statute may stop running until they return.
If you're facing old charges or a recent complaint about an old event, an experienced defense lawyer can examine whether the statute of limitations has expired—and move to dismiss the case if it has.
What Is a Motion to Dismiss in Massachusetts?
Motions to dismiss challenge the legal foundation of a case. Here’s how they work and what kinds of arguments can get your case thrown out.
A motion to dismiss asks the judge to end the case before trial because there’s a legal reason why it shouldn’t proceed.
Some of the most common grounds for dismissal include:
- The criminal complaint or indictment is legally insufficient
- The facts alleged don’t amount to a crime
- The statute of limitations has expired
- The prosecution failed to provide required discovery
Motions to dismiss aren’t about evidence or guilt—they’re about law. I file these motions when the charges don’t hold up legally or when procedural rules are violated.
If the motion is granted, the case ends immediately—without a trial, without probation, and without a record. Even if the motion fails, it forces the prosecution to justify its case early on.
How to Expunge a Criminal Record in Massachusetts
Massachusetts offers expungement for certain wrongful or outdated criminal records. Learn who qualifies and how it works.
Unlike sealing, expungement wipes the record out completely—as if it never existed.
Massachusetts allows expungement in limited cases:
- If the record was created due to identity theft or fraud.
- If the offense is eligible under the one-time youthful offender statute.
- If the record resulted from police or court error.
Expungement is hard to get, but powerful if granted. It requires filing a petition, supplying documentation, and often appearing for a hearing.
How to Seal a Criminal Record in Massachusetts
Massachusetts allows certain criminal records to be sealed. Learn who qualifies, how to file, and what sealing can (and can’t) do for you.
A criminal record can hurt your chances with jobs, housing, and education. But in Massachusetts, many records can be sealed—meaning they won’t show up on most background checks.
You may qualify to seal your record if:
- Enough time has passed since your conviction or case closure.
- Your case ended in dismissal, nolle prosequi, or not guilty.
- You can show “good cause” for sealing a non-conviction case early.
Sealing requires filing a petition and, in some cases, attending a hearing. Once sealed, your record becomes hidden from the public (but not from law enforcement).
Do the Police Need a Warrant in Massachusetts?
Warrants are the rule—but there are exceptions. Here’s how courts decide whether a search without a warrant was legal.
Most of the time, yes. But there are exceptions.
Police generally need a warrant to search your home, car, or belongings. That warrant must be based on probable cause and approved by a neutral judge. But there are circumstances where searches without a warrant are allowed:
- You gave consent.
- The evidence was in plain view.
- There was an emergency or danger to life.
- You were arrested, and the search was “incident to arrest.”
Still, courts scrutinize these exceptions. If police violated your rights, your lawyer can file a motion to suppress, which may exclude the evidence from trial.