When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Massachusetts, expungement of a criminal record is a process that allows for the permanent destruction or deletion of the record, making it inaccessible to courts and other agencies, as well as private entities conducting background checks. This is distinct from having a record sealed, where the record still exists but is less accessible. Generally, expungement in Massachusetts is limited and not available for most convictions. It is more likely to be an option for cases involving certain juvenile offenses, arrests that did not lead to conviction, or where a criminal charge has been dismissed. The eligibility for expungement often depends on the nature of the offense, the amount of time that has passed, and the individual's criminal history. For example, Massachusetts law allows for the expungement of some criminal records for offenses committed before the age of 21. The process typically involves petitioning the court, and the court has discretion in deciding whether to grant the expungement. It's important to note that even when expungement is possible, there are often specific criteria and procedures that must be followed, and the assistance of an attorney may be beneficial in navigating the process.