Bill
S 1058
Mass. S.1058 expands expungement for juvenile/young-adult records, letting more records be permanently erased after defined waiting periods, with key offenses still excluded.
Note on source materials
- The documents provided mix materials from more than one jurisdiction (Idaho Safe Haven amendments labeled RS32140 / S1058 and a Massachusetts Senate bill numbered 1058 concerning expungement). This summary focuses on the Massachusetts S.1058 text titled “An Act relative to expungement of juvenile and young adult records,” which corresponds to the bill language provided and the title you requested. If you intended the Idaho Safe Haven amendments instead, tell me and I will prepare a separate summary.
Purpose
- To expand, clarify, and streamline state law governing sealing and expungement of juvenile and young‑adult criminal records in Massachusetts by (a) redefining “expunge,” (b) broadening eligibility for expungement, (c) specifying waiting periods, (d) listing ineligible offenses, (e) protecting transmission of juvenile records to federal databases, and (f) requiring annual reporting on sealing/expungement petitions.
Key provisions
- Redefinition of “expunge”: establishes that expungement means permanent erasure/destruction so records are no longer accessible to courts, criminal justice agencies, or other state/municipal/county agencies. Allows retention of anonymized data for statistical or research purposes only.
- Broader definitions and record scope: updates statutory definitions (chapter 276 §100E) to expand what constitutes a “record.”
- Eligibility and waiting periods (amendment to §100I):
- If the petitioned record includes a felony (except offenses tried in juvenile court): petitioner must wait at least 7 years after the last offense-related disposition before filing.
- If records only include misdemeanors or offenses tried in juvenile court: waiting period is 3 years.
- Removal of prior numerical limits: language that previously limited petitions by number of records is struck or broadened to allow petitions by those with various qualifying records (e.g., juvenile or criminal records where disposition did not include an adjudication or conviction).
- Ineligible offenses (§100J): expungement not available for:
1. Convictions resulting in death or serious bodily injury (per statutory definition).
2. Sex offenses that are permanently unsealable under existing law (G.L. c.6 §178G).
3. Convictions for violating specified protective‑order and abuse/assault statutes (listed by chapter/section).
- Additional exclusion (§100K): adds alleged delinquent conduct by a child under age 12 as a basis for denial.
- Federal transmission protection (new §100V): law enforcement and criminal justice agencies must not transmit fingerprints or arrest-related records to the FBI/DOJ for offenses that occurred before the age of criminal majority — except when requesting the FBI/DOJ to seal or expunge its records per state procedure.
- Reporting requirement (new §100W): the commissioner of probation must annually report counts of petitions filed and outcomes (allowances/denials) for various sealing and expungement sections; report due to joint judiciary committee chairs and legislative clerks within 75 days after fiscal year end and must be public.
Who would be affected
- Primary: individuals with juvenile records and young adults seeking sealing or expungement of records, including those with arrests that did not result in adjudication/conviction.
- Secondary: courts, probation office, law enforcement agencies, clerks, the FBI/DOJ (to the extent state requests sealing/expungement), and researchers using anonymized data.
- Public safety and victim‑advocacy stakeholders due to adjusted exclusions for certain serious offenses.
Procedural status / next steps
- Drafted as Senate Docket No. 1907 / S.1058 (filed 1/17/2025). Sponsored in the Massachusetts Senate by Sen. Cynthia Creem (with co-petitioners noted).
- Referred to the Judiciary Committee. (Check the official Massachusetts legislative website for the bill’s current docket, committee hearing dates, amendments, and final disposition.)
Practical impact
- If enacted, the bill would make it easier for many people with juvenile or non‑adjudicated records to obtain permanent expungement, limit federal retention of juvenile arrest data, and increase transparency through mandated reporting. It preserves exclusions for serious offenses and adds safeguards around retention of anonymized data for research.
If you want, I can:
- Produce a side‑by‑side comparison between current law and the bill’s changes.
- Retrieve the bill’s current status and any committee amendments from the Massachusetts legislature website.
Compiled from official sources — confirm details with the bill’s official record.
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