Bill > S1198

This bill proposes two key modifications to Massachusetts law aimed at supporting survivors of human trafficking. First, it amends Section 59 of Chapter 265 of the General Laws to expand the legal references related to criminal offenses, specifically adding language about sections 30 and 30A of Chapter 266. Second, and more substantially, the bill introduces a new section (Section 100V) to Chapter 276 that provides a legal mechanism for individuals to seal court records under certain circumstances, such as when a criminal complaint is dismissed, the defendant is found not guilty, or no probable cause is found. The new provision mandates that when these conditions are met, a judge must seal court appearances and disposition records upon the defendant's motion. Importantly, sealed records cannot be used to disqualify a person from public employment, and employers must include language on job applications allowing applicants with sealed records to answer "no record" when asked about prior arrests or criminal court appearances. The bill also empowers the attorney general to enforce these provisions through equity suits and requires probation commissioners and court clerks to report no record exists when responding to inquiries about sealed records, with exceptions for law enforcement and court-related requests.

Budget and Finance, Justice

https://malegislature.gov/Bills/194/S1198