Mass. Gen. Laws » Part IV Title II Chapter 276
Massachusetts General Laws

Mass. Gen. Laws ch. 276, § 100C (2026)

Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement

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Section 100C. In any criminal case wherein the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury, or a finding of no probable cause has been made by the court, the commissioner of probation shall seal said court appearance and disposition recorded in his files and the clerk and the probation officers of the courts in which the proceedings occurred or were initiated shall likewise seal the records of the proceedings in their files. The provisions of this paragraph shall not apply if the defendant makes a written request to the commissioner not to seal the records of the proceedings.

In any criminal case wherein a nolle prosequi has been entered, or a dismissal has been entered by the court, and it appears to the court that substantial justice would best be served, the court shall direct the clerk to seal the records of the proceedings in his files. The clerk shall forthwith notify the commissioner of probation and the probation officer of the courts in which the proceedings occurred or were initiated who shall likewise seal the records of the proceedings in their files.

Such sealed records shall not operate to disqualify a person in any examination, appointment or application for public employment in the service of the commonwealth or of any political subdivision thereof.

An application used to screen applicants for employment, housing or an occupational or professional license which seeks information concerning prior arrests or convictions of the applicant shall include in addition to the statement required under section one hundred A the following statement: ''An applicant for employment, housing or an occupational or professional license with a sealed record on file with the commissioner of probation may answer 'no record' with respect to an inquiry herein relative to prior arrests or criminal court appearances.'' The attorney general may enforce the provisions of this section by a suit in equity commenced in the superior court.

The commissioner or the clerk of courts in any district or superior court or the Boston municipal court, in response to inquiries by authorized persons other than any law enforcement agency or any court, shall in the case of a sealed record report that no record exists. After a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.

Notes of Decisions
Cited in 35 cases (10 in the last 5 years), 1979–2026 · leading case: Commonwealth v. Pon
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Commonwealth v. Pon, 14 N.E.3d 182 (Mass. 2014). · cites it 33× “Under G. L. c. 276, § 100C, second par., inserted by St.”
Commonwealth v. Boe, 924 N.E.2d 239 (Mass. 2010). · cites it 17× “We conclude that a judge does not have such authority, but the judge may order that such a defendant’s record be sealed pursuant to G. L. c. 276, § 100C. 2 1. Background. We set forth the relevant facts from the undisputed findings of the Boston Municipal Court judge.”
Commonwealth v. Moe, 974 N.E.2d 619 (Mass. 2012). · cites it 7× “337 (2010) (Boe), *371 and that under G. L. c. 276, § 100C, as explicated in Boe , the judge had no power to issue an order of expungement.”
Commonwealth v. Doe, 648 N.E.2d 1255 (Mass. 1995). · cites it 4× “905 (1979), five questions concerning a petition (which the judge had denied) brought by the defendant to seal the record in criminal cases pursuant to the provisions of G. L. c. 276, § 100C, second par. (1992 ed.”
Commonwealth v. Roberts, 656 N.E.2d 1260 (Mass. App. Ct. 1995). · cites it 6× “The position pressed on appeal by the Commonwealth is that the District Court judge wrongly expunged Roberts’ record and was limited by the statutory scheme described in G. L. c. 276, § 100C, second par., to sealing Roberts’ record.”
Commonwealth v. S.M.F., 660 N.E.2d 701 (Mass. App. Ct. 1996). · cites it 6× “Roe , 420 Mass, at 1003, 3 argues that the judge lacked power to expunge records and could only order their sealing conformably with G. L. c. 276, § 100C. Those cases, reviewed in Commonwealth v.”
Commonwealth v. Gavin G., 772 N.E.2d 1067 (Mass. 2002). · cites it 3× “Its clear import is that these are the precise kinds of statutory protections that, having been enacted by the Legislature, make other remedies (including the remedy of expungement) inappropriate.”
Commonwealth v. Boe, 900 N.E.2d 884 (Mass. App. Ct. 2009). · cites it 17× “We are asked by the commissioner of probation to vacate an order of a Boston Municipal Court judge expunging the defendant’s record, and to limit the defendant’s remedy to the scheme in the sealing statute, G. L. c. 276, § 100C, second par. For reasons which follow, we affirm…”
Commonwealth v. Balboni, 642 N.E.2d 576 (Mass. 1994). · cites it 3× “See G. L. c. 276, § 100C (1992 ed.). The relevant statute provides for the sealing of records in these circumstances (i.”
Commonwealth v. Doe, 90 Mass. App. Ct. 793 (Mass. App. Ct. 2016). · cites it 4× “” On October 7, 2014, Doe filed a petition, pursuant to G. L. c. 276, § 100C, as amended through St.”
Commonwealth v. Alves, 86 Mass. App. Ct. 210 (Mass. App. Ct. 2014). · cites it 9× “The single question before us is whether the proper remedy for a clerical error that results in the issuance of a criminal complaint against a person who not only did not commit the crime, but also was never the intended target of the police investigation, is to seal the record…”
Bos. Globe Media Partners, LLC v. Chief Just. of the Trial Court, 130 N.E.3d 742 (Mass. 2019). “See G. L. c. 276, § 100C ("In any criminal case wherein .”
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