Massachusetts Arrest Records

Law enforcement agencies in Massachusetts create arrest records after someone is arrested in the Commonwealth. The records offer information about events where a person was deprived of their freedom on suspicion or because of the commission of a crime. For example, a Massachusetts arrest record may bear a suspect's identifying information (full name, date of birth), address, age, sex, race/ethnicity, the arresting officer's name, arrest location and type, arrest date and time, charges/offenses, incident number, a citation or description of the statute violated, and the judge/magistrate who issued a warrant.

Typically, the agency that makes an arrest (for example, a police department) keeps the corresponding record or report. A criminal court may also maintain arrest records from a criminal court proceeding.

Are Arrest Records Public in Massachusetts?

Yes. Arrest records are among documents disclosed to the public under the Massachusetts Public Records Law (Chapter 66, Section 10 of the Commonwealth's General Laws). Following the law, the public has the right to see or duplicate records of the government, including records produced while enforcing the law.

However, the Massachusetts Public Records Law highlights cases where public viewing may be limited or prohibited. For example, records that may jeopardize the law enforcement investigative process, records of juvenile arrestees, and records excluded explicitly by statute are kept confidential in Massachusetts.

The Secretary of the Commonwealth publishes A Guide to the Massachusetts Public Records Law, which lists exemptions to the public's access. More information about the Massachusetts Public Records Law is available on the department's website.

How Do I Look Up Arrest Records in Massachusetts?

People often have different reasons for looking up arrest records in Massachusetts, with background checks being more common.

A person interested in a Massachusetts arrest record may query the law enforcement agency responsible for the related arrest. Such agencies have varying procedures and timelines for releasing arrest records or reports. However, in many cases, an individual must submit (usually by mail or email) a records request form and wait for the agency's response. Some law enforcement bodies encourage requesters to visit their physical locations during regular business hours. Fees may be assessed to cover excessive staff search time or duplicate records. It is best to contact the applicable law enforcement agency or check its website for its public records request procedures.

Another method for looking up arrest records in Massachusetts is to request a Massachusetts Criminal Offender Record Information (CORI) through the Department of Criminal Justice Information Services (DCJIS). The record contains statewide criminal information for an individual, including arrests. It is available to the subject of record, law enforcement, persons having the subject's permission (landlords, schools, employers), and members of the public under M.G.L. c. 6, §172 (4).

Members of the public requesting open access CORI (a name-based criminal record check) in Massachusetts may complete the DCJIS Open Access Request Form and submit it by mail, or they may use the agency's online iCORI service to retrieve the records (see open access restrictions). Each public records request costs $50, and requesters can access only Massachusetts criminal offender information. Interested parties can review the Massachusetts Law About Criminal Records page for more information.

Finally, an individual may request arrest records from the FBI for $18. In this scenario, the requester will obtain all arrest information submitted to or maintained by the Federal Bureau of Investigation. However, the service is available only to the subject of a record.

Free Arrest Record Search in Massachusetts

Individuals can access public databases on the websites of local law enforcement agencies in Massachusetts for free arrest record information. Often called "arrest logs," these databases provide information about a particular police department's arrest activities, including details of the arrestees and arrest incidents. These logs often date back several years but do not include juvenile or domestic violence arrest information. Examples are the City of Chicopee's arrest logs and the Town of Franklin's arrest logs.

How Long Do Arrests Stay on Your Record in Massachusetts?

Arrests stay on file indefinitely in Massachusetts. The Commonwealth legislature does not impose retention limits on these records. As such, they continue to exist unless or until sealed or expunged.

How to Seal Arrest Record in Massachusetts

Individuals can seal or expunge their arrest records in Massachusetts. Sealing is a legal procedure whereby all records of a person's conviction or non-conviction (including arrests) are hidden—but not permanently destroyed—from the public view.

Per M.G.L. c. 276, §100A, a person whose record has been sealed can respond "no record" to any inquiry about their prior arrests, criminal court appearances, or criminal convictions. However, the sealed record will still be available to law enforcement agencies and courts.

The conviction sealing process in Massachusetts is regulated by M.G.L. c. 276, §100A (for offenses that led to convictions) and MGL c. 276, § 100C (for non-convictions). A recommended step for parties who want to seal their Massachusetts arrest record is to order their CORI report from the Department of Criminal Justice Information (adult offenders) or juvenile record from the Massachusetts Probation Service (MPS) by submitting a Personal Massachusetts Juvenile Court Activity Record Information Request Form. This allows them to review records that may be eligible for sealing.

Eligibility Criteria for Sealing Arrest Records in Massachusetts

A person can ask (file a petition) to seal conviction records in Massachusetts when:

• It has been three years since the guilty verdict or after any jail or prison time for a misdemeanor offense, whichever is later.
• It has been seven years since the guilty verdict or after any jail or prison time for a felony offense, whichever is later.

One can also seal conviction records for resisting arrest.

Meanwhile, a person can seal non-conviction records under the following circumstances:

• The jury or court entered a not-guilty verdict.
• The court dismissed the case without probation.
• The court found no probable cause.
• The grand jury returned a "no bill" for the charges (i.e., a failure to indict).
• The prosecutor filed a nolle prosequi (no further prosecution).

A petition to seal conviction records under M.G.L. c. 276, §100A (also called the "administrative sealing process") can be submitted to the Massachusetts Probation Service (MPS) by mail.

Commissioner of Probation

One Ashburton Place

Room 405

Boston, MA 02108

Meanwhile, a petition to seal non-conviction records under M.G.L. c. 276, §100C can be submitted to the court where the case began. Along with a petition form, the petitioner may also include supporting documents, such as their criminal record or a certified copy of the court docket of their offenses (obtainable from the presiding criminal court).

There is no fee to file a petition to seal arrest records in Massachusetts.

(Note: Sealing is not the same as an expungement in Massachusetts.)