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

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

Expungement of record resulting from false identification, an offense no longer a crime at time of expungement, error or fraud

✓ current as of July 2026
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Section 100K. (a) Notwithstanding the requirements of section 100I and section 100J, a court may order the expungement of a record created as a result of criminal court appearance, juvenile court appearance or dispositions if the court determines based on clear and convincing evidence that the record was created as a result of:

(1) false identification of the petitioner or the unauthorized use or theft of the petitioner's identity;

(2) an offense at the time of the creation of the record which at the time of expungement is no longer a crime, except in cases where the elements of the original criminal offense continue to be a crime under a different designation.

(3) demonstrable errors by law enforcement;

(4) demonstrable errors by civilian or expert witnesses;

(5) demonstrable errors by court employees; or

(6) demonstrable fraud perpetrated upon the court.

(b) The court shall have the discretion to order an expungement pursuant to this section based on what is in the best interests of justice. Prior to entering an order of expungement pursuant to this section, the court shall hold a hearing if requested by the petitioner or the district attorney. Upon an order of expungement, the court shall enter written findings of fact.

(c) The court shall forward an order for expungement pursuant to this section forthwith to the clerk of the court where the record was created, to the commissioner and to the commissioner of criminal justice information services appointed pursuant to section 167A of chapter 6.

Notes of Decisions
Cited in 13 cases (13 in the last 5 years), 2023–2026 · leading case: Commonwealth v. Ambrose a., a Juv. (Mass. 2024).
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Commonwealth v. Ambrose a., a Juv. (Mass. 2024). · cites it 8× “In 2023, the juvenile petitioned to expunge his record, pursuant to G. L. c. 276, § 100K (a) (2), on the ground that assault and battery and rape of a child by force are no longer "crimes" within the meaning of § 100K (a) (2) because an eleven year old can no longer be…”
Commonwealth v. H.I. (Mass. App. Ct. 2024). · cites it 7× “See G. L. c. 276, § 100K. On appeal, the petitioner maintains that expungement was warranted because he sufficiently demonstrated that the record in the case "was created as a result of .”
Commonwealth v. A.B. (Mass. App. Ct. 2024). · cites it 4× “, appearing pro se, appeals from the denial of a petition for expungement under G. L. c. 276, § 100K. The petitioner was charged in June, 2015, with assault and battery on a family or household member under G.”
Commonwealth v. Jeffrey Rivard. (Mass. App. Ct. 2025). · cites it 4× “See G. L. c. 276, § 100K (a) (3). The defendant also argues that the judge abused his discretion in denying his expungement petition because the same statements from him and his wife show "demonstrable fraud perpetrated upon the court.”
Commonwealth v. Atif H. Ray. (Mass. App. Ct. 2026). · cites it 4× “In 2019, the defendant moved to expunge his criminal record pursuant to G. L. c. 276, § 100K. A judge denied the motion.”
Commonwealth v. Christopher L. Kennelly. (Mass. App. Ct. 2023). · cites it 3× “On September 23, 2022, the defendant sought expungement of the charges from the 1998, 2000, and 2006 cases in separate petitions filed pursuant to G. L. c. 276, § 100K. For the petitions related to the 1998 case and the 2000 case, the defendant alleged "[e]rrors by law…”
Commonwealth v. Jaden Reynoso. (Mass. App. Ct. 2025). · cites it 3× “See G. L. c. 276, § 100K (a) (4). He also claims that expungement was in the best interests of justice.”
Commonwealth v. John Doe. (Mass. App. Ct. 2025). · cites it 3× “On October 24, 2023, Doe filed a petition and motion to expunge his record pursuant to G. L. c. 276, § 100K (a) (2), which provides for reason-based expungement "if the court determines based on clear and convincing evidence that the record was created as a result of," inter…”
Commonwealth v. Deidania Brown. (Mass. App. Ct. 2025). · cites it 3× “Pursuant to G. L. c. 276, § 100K, a judge has discretion to expunge a criminal record if two conditions are met.”
Commonwealth v. C.J.W. (Mass. App. Ct. 2024). · cites it 2× “Almost six years later, the petitioner filed for expungement under G. L. c. 276, § 100K (§ 100K), based on "[e]rrors by law enforcement.”
Commonwealth v. D.T. (Mass. App. Ct. 2024). · cites it 2× “In the petitioner's first petition for expungement, alleging errors by law enforcement and court employees, see G. L. c. 276, § 100K (§ 100K), she claimed that she and her sister had been arguing, but she did not throw any shoes or possess any guns or "other nefarious items.”
Commonwealth v. Tarif T., a Juv.. (Mass. App. Ct. 2026). · cites it 2× “He sought a "reason-based expungement" under G. L. c. 276, § 100K (a). Under the statute, a court may order the expungement of a record created as a result of a Juvenile Court appearance or disposition if the court determines, based on clear and convincing evidence, that, as…”
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