6. Compilations of criminal histories.

Massachusetts strictly limits the public dissemination of criminal offender record information.  By request to the Criminal History Systems Board along with payment of a fee, a member of the public may obtain a copy of the criminal record of any individual who meets both of the following criteria: (1) was ever given a committed or suspended sentence, or was ever convicted of a felony potentially punishable by incarceration for 5 years or more; and (2) is currently incarcerated, on probation or parole; or was discharged in the past year for a misdemeanor, the past 2 years for a felony, or the last 3 years after violating or being denied parole.  803 Mass. CMR 3.06.  One may also obtain one’s own criminal record, for a fee.  803 CMR 6.02.  See generally Massachusetts District Court Department of the Trial Court, “A Guide to Public Access, Sealing & Expungement of District Court Records” (Admin. Office of the Trial Court, rev. April 2010), at 32-33.

The law was amended in 2010 to reduce the waiting period before an individual may seek to have his or her criminal records sealed.  Beginning May 4, 2012, individuals may request that their misdemeanor records be sealed 5 years after the conviction or any period of incarceration, whichever is later; felony records, 10 years after the conviction or any period of incarceration, whichever is later; Level I sex offenders, 15 years after the conviction or any period of incarceration, or after the obligation to register as a sex offender ceases, whichever is later (no sealing is available for Level 2 or 3 sex offenders).  Massachusetts does not provide for automatic sealing.  Rather, a request for sealing must be made pursuant to G.L. c. 276, §§ 100A, 100C.