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H 1693

An Act to remove collateral consequences and protect the presumption of innocence

194th Legislature (2025-2026) Introduced by James Arena-DeRosa and 25 co-sponsors

Massachusetts bill restricting automatic penalties tied to criminal charges/convictions and strengthening presumption of innocence protections across employment and housing sectors.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1693

Legislative bill overview

H 1693 aims to limit collateral consequences—automatic penalties and restrictions that follow criminal charges or convictions—and strengthen protections for the presumption of innocence in Massachusetts. The bill addresses barriers that individuals face in employment, housing, licensing, and other areas even before trial or conviction. It seeks to reform policies that impose automatic sanctions based on arrest or conviction records.

Why is this important

Collateral consequences can severely impact individuals' ability to work, secure housing, obtain professional licenses, and reintegrate into society long after criminal justice involvement. These collateral penalties can affect people who are acquitted, have charges dismissed, or serve sentences, creating lasting economic and social hardship. The bill addresses a gap between legal innocence and practical treatment by institutions.

Potential points of contention

  • Employment and business concerns: Employers and licensing boards may argue they need access to criminal history to assess risk, particularly in sensitive fields (healthcare, finance, childcare), and that restricting this access increases liability exposure
  • Implementation complexity: Different agencies and private entities handle records differently; coordinating removal or sealing of records across systems could be administratively burdensome
  • Public safety debate: Some may contend that restricting access to arrest records—even for charges that don't result in conviction—could compromise safety screening for certain positions or housing situations

Compiled from official sources — confirm details with the bill’s official record.

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