The Brief
What You Need to Know. No More, No Less.
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Massachusetts offers expungement for certain wrongful or outdated criminal records.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.
What Counts as an Illegal Search in Massachusetts?
Not every police search is legal. Here’s what the Fourth Amendment requires—and how courts decide whether to suppress the evidence.
The Fourth Amendment protects against unreasonable searches and seizures. But what does that mean in real life?
In Massachusetts, a search is illegal if:
- It’s done without a warrant or valid exception.
- It exceeds the scope of what the warrant allows.
- It’s based on evidence obtained illegally (a “fruit of the poisonous tree”).
Common exceptions to the warrant requirement include consent, plain view, search incident to arrest, and exigent circumstances. But even those are limited. Police often overstep, and courts frequently suppress evidence when they do.
If you believe you were searched illegally, the evidence found might not be admissible in court. That can change the outcome of your entire case. I regularly file motions to suppress and challenge the legality of police searches.
Can You Get a Criminal Case Dismissed in Massachusetts?
Many criminal cases in Massachusetts end in dismissal. Here are the most common reasons and how a defense attorney can help make it happen.
Yes—and it happens more often than you think.
In Massachusetts, criminal charges can be dismissed for many reasons:
- Lack of evidence or failure to prosecute
- Constitutional violations (like illegal searches)
- Diversion programs or pretrial probation
- Strategic motion practice
Dismissals can happen before or after arraignment, depending on the situation. A skilled attorney can push for dismissal early by negotiating with the prosecutor or filing motions to challenge the case’s foundation.
The goal is always to end the case as early—and as cleanly—as possible. If you’re facing charges, don’t assume it’s headed to trial. Many cases are dismissed with the right legal strategy.