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MA H1270

MA H1270
Relative to the expungement of records of persons falsely accused and juveniles


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

For legislation to expunge the records of persons falsely accused and juveniles. The Judiciary.

AI Summary

This bill aims to expand the ability to expunge, meaning permanently erase or destroy, criminal and delinquency records for certain individuals. It introduces a new section allowing courts to order the expungement of records maintained by the department of criminal justice information services, the probation department, and the sex offender registry if a person is found to have been falsely accused due to identification errors, fraud on the court, or negligence by law enforcement or court staff. This expungement would also extend to records held by other state, municipal, or local agencies, and individuals could answer "no record" to inquiries about expunged charges. Additionally, the bill amends existing law to allow individuals adjudicated as youthful offenders to request their criminal court appearance and disposition records be sealed by the commissioner of probation after five years, provided they have no subsequent criminal convictions within that period. These sealed records would generally not disqualify individuals for public employment or be used against them in court, with exceptions for sentencing in subsequent offenses. Finally, the bill mandates that records sealed by the commissioner of probation will be automatically expunged five years after sealing, or ten years from a person's eighteenth birthday if they were eligible for sealing but did not petition for it, with similar provisions for answering "no record" in employment applications.

Committee Categories

Justice

Sponsors (32)

Last Action

Accompanied a new draft, see H4363 (on 06/02/2016)

bill text


bill summary

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bill summary

Document Type Source Location Created
State Bill Page https://malegislature.gov/Bills/189/House/H1270 11/24/2016
State Bill Page https://malegislature.gov/Bills/189/H1270 03/11/2015
Bill https://malegislature.gov/Bills/189/H1270.pdf 03/11/2015
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