Sealing Criminal Records
- Steven Topazio wrote this March 13, 2024 at 4:23 pm
A recent case requires the Court and the Commissioner of Probation to seal criminal records when a judge or jury finds a person not guilty, or when a court finds no probable cause for a criminal charge, or where a grand jury returns a no bill. Commonwealth v J. F., 491 Mass. 824 (2023
The defendant in Commonwealth v J. F., filed a petition pursuant to G.L. c.276, §100C (§100C), which was opposed by the Commonwealth, to seal his criminal record as to both the counts on which he was acquitted and the counts for which a nolle prosequi was filed. After a hearing, a judge denied the defendant’s petition in writing. The defendant appealed. On appeal, the defendant argued that the plain language of §100C requires the sealing of records in cases ending in findings of not guilty, no probable cause, or a no bill by a grand jury, unless the defendant objects to such sealing. He asserts that this court’s holding in Commonwealth v. Pon, 469 Mass. 296 (2014), resolves any concern surrounding a right of public access under the First Amendment to the United States Constitution. He further argues that the judge abused his discretion in denying the petition with respect to the counts that were nol prossed because he misapplied the “good cause” standard, committing errors of fact and judgment in weighing the factors relevant to his decision.
The Court held that, consistent with Pon, a closed case that ends in an acquittal, a no bill from a grand jury, or a finding of no probable cause by the court is not a record subject to a First Amendment presumption of access. The Court further held that the Legislature clearly abrogated the common-law presumption of access with respect to these records by its plain language in § 100C, first par. Regarding the counts in which the Commonwealth entered a nolle prosequi, the Court concluded that the judge abused his discretion when weighing the relevant interests and factors.
Background photo courtesy of Leonie Zettl