Massachusetts General Laws

Mass. Gen. Laws ch. 279, § 30 (2026)

Vacation of office from time of sentence to state prison

✓ current as of July 2026

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Section 30. If a convict sentenced by a court of the commonwealth or of the United States to imprisonment in the state prison or by a court of the United States to a federal penitentiary for a felony holds an office under the constitution or laws of the commonwealth at the time of sentence, it shall be vacated from the time of sentence. If the judgment against him is reversed upon writ of error, he shall be restored to his office with all its rights and emoluments; but, if pardoned, he shall not by reason thereof be restored, unless it is so expressly ordered by the terms of the pardon.

Notes of Decisions

Cited in 13 cases, 1986–2012 · leading case: Turner v. City of Boston, 760 F. Supp. 2d 208 (D. Mass. 2011).

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Turner v. City of Boston, 760 F. Supp. 2d 208 (D. Mass. 2011). · cites it 5× “As the parties agree, pursuant to M.G.L. c. 279, § 30, that sentence would automatically remove Turner as a member of the Council if he still held that office on January 25, 2011.”

State Bd. of Ret. v. Bulger, 843 N.E.2d 603 (Mass. 2006). “G. L. c. 279, § 30 (convict holding office under Constitution or laws of Commonwealth at time of sentence to State prison or Federal penitentiary must vacate office).”

Attorney Gen. v. McHatton, 705 N.E.2d 252 (Mass. 1999). · cites it 2× “On December 15, 1993, the defendant was notified by the receiver of Chelsea that, because of his felony convictions and prison sentence, he had been removed from his office as a member of the Chelsea police force by operation of G. L. c. 279, § 30, which automatically removes…”

Herrick v. Essex Reg'l Ret. Bd., 933 N.E.2d 666 (Mass. App. Ct. 2010). “Accordingly, the position was considered vacant by operation of G. L. c. 279, § 30, and such “removal” or “discharge” was plainly with “moral turpitude.”

United States v. Caron, 941 F. Supp. 238 (D. Mass. 1996). · cites it 2× “See Mass.Gen.Laws Ann. ch. 279, § 30 (West 1981).”

Collatos v. Boston Ret. Bd., 488 N.E.2d 401 (Mass. 1986). “, G. L. c. 279, § 30 (1984 ed.) (Federal conviction results in loss of State *688 office), and the lack of such language here is an indication that no such result was intended.”

Turner v. City of Boston, 969 N.E.2d 695 (Mass. 2012). · cites it 4× “Did the Charter of the City of Boston, or any other provision of the laws of the Commonwealth of Massachusetts, authorize the Boston City Council to promulgate Rule 40A of the Rules of the Boston City Council and employ it to remove an incumbent Councillor from office before he…”

DeLeire v. Contributory Ret. Appeal Bd., 605 N.E.2d 313 (Mass. App. Ct. 1993). · cites it 3× “Alternatively, CRAB contends that under G. L. c. 279, § 30, upon his conviction and sentencing, DeLeire was discharged from his position as police officer by operation of law and that, because the discharge was with moral turpitude, under G.”

Levy v. Acting Governor, 435 Mass. 697 (Mass. 2002). “30, § 59, or conviction and vacation under G. L. c. 279, § 30, the members of the Turnpike Authority, while performing an “essential government function,” see G.”

United States v. Green, 532 F. Supp. 2d 211 (D. Mass. 2005). “G.L. c. 279 § 30. Since there is no permanent civil rights disqualification, there is no affirmative process by which civil rights are restored.”

Turner v. City of Boston, 760 F. Supp. 2d 202 (D. Mass. 2011). · cites it 3× “The court understands that if he is sentenced to prison, Turner will, by operation of M.G.L. c. 279, § 30, be automatically removed from office.”

UNITED STATES of Am., Plaintiff-Appellee, v. John J. OMAN, Defendant-Appellant, 91 F.3d 1320 (9th Cir. 1996). “Mass. Gen. L. ch. 279 § 30. Oman argues that because Massachusetts law restores these three rights, his civil rights have been restored under 18 U.”

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