MA: House Criminal Justice Bill Would Allow Expungement Of Marijuana Convictions

Ron Strider

Well-Known Member
The criminal justice reform bill released by the Massachusetts House on Monday would let individuals convicted of marijuana possession completely expunge their records.

"People will be able to expunge their record if they were ever prosecuted for possession of marijuana," said Rep. Jeffrey Sanchez, D-Boston, House chairman of the Ways and Means Committee.

The marijuana provision is just one aspect of a more significant change: the bill would create a process for the first time for a criminal record in Massachusetts to be expunged.

Today, records in Massachusetts can only be sealed. A sealed record is still available to law enforcement, probation officers, the court, licensing agencies such as for someone applying for gun, and other agencies allowed by state law.

Someone convicted of marijuana possession can petition a judge to have their record sealed.

Expunging means a criminal record would be completely wiped out.

House Majority leader Ronald Mariano, D-Quincy, said establishing a process to expunge records for those with marijuana convictions "will go a way to getting that removed and helping them get on with their lives."

More broadly, the House's proposed law would allow people with otherwise clean records to have their criminal records expunged 10 years after an offense, and after any period of incarceration or probation is complete, in specific cases. These include: Juvenile convictions for offenders under 18; convictions for a single crime between age 18 and 21; criminal charges for adults and juveniles that were resolved without a conviction; and erroneous convictions, which also includes convictions for offenses that are no longer criminal, such as marijuana possession.

House Judiciary Chairwoman Claire Cronin, D-Easton, said the provision relating to 18 to 21 year-olds recognizes that the brain is still developing at that age. "We know that age group makes mistakes," Cronin said.

There are exceptions for certain dangerous offenses, such as those involving death or serious bodily injury, dangerous weapons, elderly or disabled victims, or sex crimes.

"Expungement will allow people get jobs, training, housing," Sanchez said.

The Massachusetts Senate already passed its own version of criminal justice reform. The House bill will now be amended and voted on by the House, then sent to a committee of House-Senate negotiators to develop a final compromise bill.

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