Massachusetts Criminal Records

Per recent crime data, Massachusetts has an overall crime rate of 13.92 per 1,000 residents and a violent crime rate of 3.22 per 1,000, generally lower than many other states, including neighboring New York and Connecticut. Massachusetts criminal records are official documents that detail the criminal histories of individuals in the state. These records generally contain information related to the person's interactions with law enforcement and the criminal justice system, such as warrants, arrests, charges and complaints, convictions, sentencing information, and more.

The Massachusetts Department of Criminal Justice Information Services (DCJIS) manages the state's law enforcement information and criminal records systems and serves as the primary repository for Massachusetts criminal records. Notwithstanding this, several other agencies also keep copies of criminal records, including local law enforcement, the Massachusetts State Police, trial courts within the Massachusetts Court System, and the state's Department of Corrections.

Are Criminal Records Public in Massachusetts?

Criminal records are generally considered public under Massachusetts' Public Records Law and Criminal Offender Record Information Act, meaning that they may be accessed by any interested party. Notwithstanding this, public access to certain types of criminal records is limited to specific parties, such as the person named on the record, their legal representatives, and law enforcement agencies.

These restricted criminal records include juvenile records and sealed or expunged criminal records. Information on detentions, arrests, and criminal cases that did not result in a conviction and/or incarceration, as well as records that may identify or compromise the safety of witnesses, are also not usually publicly accessible.

How To Look Up Criminal Records in Massachusetts?

The Massachusetts Department of Criminal Justice Information Services (DCJIS) offers two options for looking up criminal records in the state - name-based criminal record checks and fingerprint-supported criminal record checks. Name-based checks provide criminal information sourced from court arraignments and may be requested by the general public, while fingerprint-supported checks provide more detailed information, including out-of-state arrests, but are typically only available to authorized agencies or employers.

You may perform name-based criminal record checks and obtain certified copies of criminal offender record information (CORI) reports from the DCJIS by submitting a request online via its iCORI system. Note that you may need to create a user account, which requires a valid state-issued ID. However, if you do not have a valid ID, you may submit your CORI request by mailing an Open Access Request Form or a Personal Request Form (if you wish to obtain copies of your own criminal record) to the department.

CORI reports cost $50 per request for open access requests and $25 for personal requests and are typically processed within 10 business days.

How To Search Massachusetts Arrest Records?

Massachusetts arrest records are typically created when a person is taken into custody by local police departments, county sheriff's offices, or the Massachusetts State Police, and they typically detail information on the incident, such as:

• The full name, date of birth, and address of the arrestee
• The arrest date and location
• A description of the offense(s) that resulted in the arrest
• The arresting agency

These records are maintained locally by the law enforcement agency that carried out the arrest and can typically be accessed by contacting the specific agency (that handled the arrest) and submitting a written request to its Records Access Officer. Many law enforcement agencies in Massachusetts offer online options for submitting record requests; some local police departments and sheriff's offices also provide online access to their incident logs.

How To Search Massachusetts Warrants?

Warrants in Massachusetts are court orders issued by clerk magistrates, judges, and justices that authorize law enforcement personnel to search a place, arrest a person, or take any other specific action. There are several types of warrants issued in Massachusetts, including:

• Arrest Warrants: an order directing law enforcement to arrest a person for a crime they allegedly committed.
• Bench Warrants: an order issued by a judge authorizing the arrest of a person for failing to appear in court or violating a (previously issued) court order.
• Search Warrants: an order permitting law enforcement to search a specific place for specific evidence.

Once a warrant is issued in Massachusetts, it generally remains valid until it has been executed or canceled by the court that issued it. Warrants are typically a part of an individual's criminal court record and may be accessed online via the state's Trial Court Case Access platform. However, it should be noted that, per state law, records about ongoing investigations or prosecutions are exempt from public disclosure. As such, you may not be able to access comprehensive details on active warrants (warrants that haven't been executed or canceled). Notwithstanding this, most Massachusetts law enforcement agencies maintain publicly accessible most-wanted databases that list individuals with active arrest warrants (usually for serious and/or violent crimes).

Can I Obtain a Massachusetts Criminal History Record of Another Person?

Under Massachusetts's criminalrecordslaws, any individual or organization may obtain a criminal history record; however, the scope of available information varies by the type of requester.

To this end, you may obtain another person's criminal history record by submitting a request to the DCJIS, either online or by mailing a CORI Open Access Request Form to the department, along with a $50 fee (per request). Note that the generated record will typically contain:

• All murder, manslaughter, and sex offense convictions.
• Misdemeanor and felony convictions that are less than one or two years old, respectively. However, felonies punishable by at least five years in state prison are available for 10 years.

Other requesters, such as law enforcement agencies, certain employers and housing authorities, and legal representatives of the person named on the record, are typically able to access more comprehensive information, including details on pending cases, non-incarcerable offenses, and non-convictions.

How To Expunge or Seal Massachusetts Criminal Records

In Massachusetts, expungement involves permanently removing a criminal record from all official databases, while sealing only restricts public access to the record (it may still be viewed by law enforcement and certain employers). Per Massachusetts law, only non-convictions and non-violent crimes are usually eligible for sealing or expungement. Note that sex offenses cannot be expunged, however some of these offenses may be sealed.

The expungement or sealing process in Massachusetts typically involves the following steps:

• Confirm that your record is eligible for sealing or expungement.
• Complete the stipulated mandatory waiting period. You will typically have to wait at least 3 - 7 years after completing your sentence before being eligible to seal or expunge your record. However, waiting periods are not usually required to expunge records that result from fraud, identity theft, errors, or offenses that are no longer considered crimes.
• File a petition with the Office of the Commissioner of Probation (or the appropriate court clerk's office for non-conviction records).
• Attend any scheduled hearings (this may not always be required)
• Receive a decision from the court either granting or denying the sealing/expungement request.

What Are the Limitations to the Use of Criminal Records for Employment, Licensing, and Housing in Massachusetts?

The Fair Chance Act prohibits federal agencies and contractors from asking for criminal history information before making a conditional job offer. Massachusetts equally has similar laws restricting employers and housing providers from asking about criminal records on most initial applications (exemptions are made in certain sensitive situations, such as job applications for daycares and certain financial institutions).

Likewise, employers and housing providers typically need your written permission to access your official CORI report; in situations where they wish to conduct a background check using private agencies, they must follow a state-stipulated procedure.

Note that Massachusetts employers may still ask about felony convictions as well as misdemeanor convictions less than three years old at other points during the hiring process. Employers and housing providers may also refuse to hire or rent because of a criminal record, especially if the job in question is related to the offense(s) on your record.

Can I Access Massachusetts Criminal Records for Free Online?

While several private online databases claim to offer access to criminal records (usually for a nominal fee), the information available on some of these platforms may not always be accurate or up-to-date. To this end, it is advisable to utilize official sources like the state's iCORI and MassCourt.org portals or reputable third-party websites like MassachusettsPublicRecords.us that aggregate data from trusted public and private databases when looking to access Massachusetts criminal records online.