Section 100E. As used in sections 100E through 100U, the following words shall, unless the context clearly requires otherwise, have the following meanings:—
''Attorney general'', the attorney general of the commonwealth.
''Commissioner'', the commissioner of probation.
''Consumer reporting agency'', any person or organization which, for monetary fees, dues, or on a cooperative, not-for-profit basis, regularly engages in whole, or in part, in the practice of assembling or evaluating criminal history, credit or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
''County agency'', any department or office of county government and any division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.
''Court'', the trial court of the commonwealth established pursuant to section 1 of chapter 211B and any departments or offices established within the trial court.
''Criminal court appearance'', an arraignment on, all pre-trial and other post arraignment judicial proceedings related to and the disposition of, a criminal offense.
''Criminal justice agencies'', those agencies at all levels of government, which perform as their principal function, activities relating to: (i) crime prevention, including research or the sponsorship of research; (ii) the apprehension, prosecution, adjudication, incarceration or rehabilitation of criminal offenders; or (iii) the collection, storage, dissemination or usage of criminal offender record information.
''Department'', the department of criminal justice information services established pursuant to section 167A of chapter 6.
''Disabled person'', a person with an intellectual disability, as defined by section 1 of chapter 123B, or who is otherwise mentally or physically disabled and, as a result of such mental or physical disability, is wholly or partially dependent on others to meet daily living needs.
''Disposition'', the final conclusion of a charge during or after the initial criminal court appearance or juvenile court appearance.
''District attorney'', the district attorney in the jurisdiction where the matter resulting in a record that is the subject of a petition originated.
''Elderly person'', a person who is 60 years of age or older.
''Expunge'', ''expunged'', or ''expungement'', the permanent erasure or destruction of a record so that the record is no longer accessible to, or maintained by, the court, any criminal justice agencies or any other state agency, municipal agency or county agency. If the record contains information on a person other than the petitioner, it may be maintained with all identifying information of the petitioner permanently obliterated or erased.
''Judicial proceedings'', any proceedings before the court resulting in a record.
''Juvenile court appearance'', an arraignment on, all pre-trial and other post arraignment judicial proceedings related to and the disposition of, an offense in the juvenile court.
''Municipal agency'', any department or office of a city or town government and any council, division, board, bureau, commission, institution, tribunal or other instrumentality thereof or thereunder.
''Offense'', a violation of a criminal law for which a person has been charged and has made a criminal court appearance or a juvenile court appearance for which there is a disposition and a record.
''Office'', the office of the commissioner of probation.
''Order'', an order of expungement.
''Person'', a natural person, corporation, association, partnership, or other legal entity.
''Petition'', a petition to expunge a criminal record.
''Petitioner'', a natural person with a criminal record who has filed a petition.
''Public records'', shall have the same meaning as the definition of public records in clause twenty-sixth of section 7 of chapter 4.
''Record'', public records and court records including, without limitation, paper or electronic records or data in any communicable form compiled by, on file with or in the care custody or control of, without limitation, the court, the office, the department or criminal justice agencies, which concern a person and relate to the nature or disposition of an offense, including, without limitation, an arrest, a criminal court appearance, a juvenile court appearance, a pre-trial proceeding, other judicial proceedings, disposition, sentencing, incarceration, rehabilitation or release; provided, however, that the term record shall not include information contained in the domestic violence record keeping system, evaluative information, intelligence information or statistical and analytical reports and files in which persons are not directly or indirectly identifiable.
''State agency'', any department of state government including the executive, legislative or judicial, and all councils thereof and thereunder, and any division, board, bureau, commission, institution, tribunal or other instrumentality within such department, and any independent state authority, district, commission, instrumentality or agency, but not an agency of a county, city or town.
Structure Massachusetts General Laws
Part IV - Crimes, Punishments and Proceedings in Criminal Cases
Title II - Proceedings in Criminal Cases
Section 1a - Search Warrants for Articles Belonging to Subversive Organizations
Section 2 - Requisites of Warrant
Section 2b - Affidavit in Support of Application for Search Warrant; Contents and Form
Section 2c - Manner of Issuing Search Warrants; Application of Secs. 2, 2a and 2b
Section 3 - Seizure, Custody and Disposition of Articles; Exceptions
Section 3a - Time for Return of Search Warrant
Section 4 - Notice Before Forfeiture of Property Seized Under Search Warrant
Section 6 - Postponement of Trial; Further Notice
Section 7 - Sale or Destruction of Property Seized; Disposition of Proceeds
Section 9 - Rewards Offered by Governor; Determination of Claims
Section 10 - Rewards Offered by Aldermen, Selectmen or Mayor; Determination of Claims
Section 10a - Authority of Officer of Another State to Arrest Felon
Section 10b - Proceedings After Arrest Made in Commonwealth by an Officer of Another State
Section 10c - Partial Invalidity
Section 10d - Uniform Extraterritorial Arrest on Fresh Pursuit; Short Title; Uniform Construction
Section 11 - Definitions Applicable to Secs. 11 to 20r
Section 12 - Arrest and Delivery of Accused to Executives of Another State; Governor's Authority
Section 15 - Investigation of Demand and Report to Governor
Section 16 - Governor's Warrant of Arrest; Recital of Facts
Section 17 - Arrest and Delivery of Accused; Commanding Aid
Section 18 - Authority to Command Assistance; Penalties for Refusal
Section 19 - Rights of Arrested Person; Habeas Corpus; Notice; Penalty
Section 20a - Warrant to Apprehend on Oath or Affidavit; Copies of Papers Attached
Section 20b - Arrest Without Warrant; Taking Accused Before Court or Justice; Complaint
Section 20c - Commitment to Permit Arrest Under Warrant of Governor on Requisition
Section 20e - Discharge; Recommitment; Bail
Section 20f - Forfeiture of Bail
Section 20g - Prosecution Pending in Commonwealth
Section 20h - Inquiry Into Guilt or Innocence
Section 20i - Recall of Warrant or Issuance of Another
Section 20j - Waiver of Warrant and Procedure, Etc.
Section 20l - Application for Requisition
Section 20m - Payment of Agent's Expenses
Section 20n - Service of Process in Civil Action on Accused; Immunity
Section 20o - Trying for Other Crimes; Immunity
Section 20p - Waiver by Commonwealth
Section 20r - Uniform Criminal Interstate Rendition Law; Short Title; Uniform Construction
Section 22 - Warrants, Procedure for Issuance
Section 23 - Service of Warrants and Other Processes
Section 23a - Warrant Management System
Section 24 - Summons Instead of Warrant
Section 25 - Summons Fixing Time for Trial; Service
Section 26 - Failure to Appear and Abide Orders as Contempt
Section 28 - Arrest Without Warrant
Section 29 - Outstanding Warrant Check Prior to Release on Bail or Recognizance
Section 30 - Recall of Default Warrant; Arrest
Section 33 - Examination of Arrested Persons for Injuries; Reports; Penalty
Section 33a - Use of Telephone in Places of Detention
Section 35 - Adjournments of Examinations and Trials
Section 36 - Failure to Appear; Default on Recognizance; Subsequent Proceedings
Section 37 - Failure to Recognize; Subsequent Proceedings
Section 37a - Assignment of Counsel
Section 38 - Examination; Assistance of Counsel; Waiver of Indictment
Section 40 - Testimony Reduced to Writing; Signing by Witnesses
Section 41 - Discharge of Prisoner
Section 42 - Bail or Commitment
Section 43 - Conveying Prisoner Through Another County
Section 44 - Fees and Expenses in District Court in Record Sent to Superior Court
Section 45 - Witnesses Bound by Recognizance
Section 46 - Witnesses Bound by Recognizance on Adjournment
Section 47 - Sureties With Recognizance
Section 48 - Recognizances for Minor Witnesses
Section 49 - Commitment of Witnesses; Discharge Upon Recognizance
Section 51 - Release of Committed Witnesses; Proceedings
Section 52 - Rules Regulating Treatment of Committed Witnesses; Removal to Another County
Section 53 - Transporting Male and Female Prisoners
Section 54 - Handcuffing Committed Witnesses to Accused Persons; Transporting Together
Section 55 - Discharge Upon Acknowledgment of Satisfaction for Injury
Section 56 - Filing of Order; Delivery to Jail Keeper; Discharge as Bar to Civil Action
Section 57 - Bail; Officials Authorized to Admit to Bail; Amount of Bail; Security
Section 58b - Revocation of Release and Detention Order Following Violation of Release Conditions
Section 60 - Bail in Suffolk County; Proceedings
Section 61b - Compensation for Acting as Surety Prohibited
Section 62 - Notice to District Attorney of Application to Accept Bail in Suffolk County
Section 63 - Compensation for Taking Bail
Section 64 - Admission to Bail on Sunday
Section 65 - Condition of Recognizance
Section 66 - Return of Recognizance and Examination Taken by Magistrate; Order Compelling; Contempt
Section 69 - Surrender of Principal After Default; Remission of Penalty
Section 70 - Inability to Surrender Principal; Exoneration of Bail
Section 71 - Default on Recognizance
Section 72 - Surety Paying Amount for Which Bound; Costs
Section 73 - Award of Portion of Penalty to Person Entitled to Forfeiture
Section 74 - Judgment for Whole or Part of Penalty
Section 75 - Neglect, Omissions or Defects as Defeating Action
Section 76 - Review and Rehearing of Case After Judgment on Recognizance
Section 77 - Service of Notice and Copy of Petition; Return Day
Section 78 - Proceedings if Former Judgment Diminished, etc.; Costs
Section 79 - Personal Recognizance and Deposit Instead of Sureties for Release From Custody
Section 81 - Defendant Surrendering Self; Return of Deposit
Section 82 - Magistrates Authorized to Admit Prisoners to Bail
Section 82a - Failure to Appear in Court After Release on Bail or Recognizance; Penalty
Section 85 - Powers and Duties of Probation Officers
Section 85a - Probation Officers of the Probate Court; Support and Maintenance Enforcement
Section 87 - Placing Certain Persons in Care of Probation Officer
Section 87a - Conditions of Probation; Probation Fees
Section 88 - Clerical Assistance
Section 89 - Temporary Probation Officers
Section 89a - Counsellors to Juvenile Offenders
Section 90 - Powers of Probation Officers; Reports; Records; Inspection
Section 91 - Power of Probation Officers Appointed by Boston Juvenile Court to Serve Process
Section 92 - Restitution or Reparation to Injured Person Through Probation Officer
Section 92a - Restitution in Cases Involving Motor Vehicle Theft or Fraudulent Claims
Section 93 - Payment to Treasurer of Unclaimed Money Collected by Probation Officer
Section 94 - Expenses of Probation Officers
Section 95 - Temporary Support or Transportation of Probationers
Section 96 - Penalty for Refusal or Neglect of Duties by Probation Officer
Section 97 - Interference With Duties of Department of Youth Services
Section 98 - Office of Probation; Commissioner of Probation
Section 98a - Advisory Board to Commissioner of Probation and Court Administrator
Section 99 - Powers and Duties of Commissioner of Probation
Section 99b - Probation Officers; Compensation
Section 99e - Indigency; Interagency Service Agreements; Income Data Verification
Section 99g - Pretrial Services Initiative; Supervisor of Pretrial Services; Duties; Staff; Reports
Section 100 - Detailed Reports of Probation Work; Records; Accessibility of Information
Section 100d - Availability of Sealed Criminal Record Information
Section 100e - Definitions Applicable to Secs. 100e Through 100u
Section 100f - Petition for Expungement of Record as Adjudicated Delinquent or Youthful Offender
Section 100g - Petition for Expungement of Record of Conviction
Section 100i - Certification of Eligibility for Expungement
Section 100j - Offenses Excluded From Eligibility of Record for Expungement
Section 100m - Failure to Acknowledge Expunged Record as Basis for Perjury or False Statement
Section 100o - Petitions for Expungement and Related Records Excluded as Public Records
Section 100p - Exclusion of General Public From Proceedings Relating to Petition for Expungement
Section 100q - Sealed or Expunged Records Not to Be Available for Inspection
Section 100r - Waiver of Right to Expunge as Condition of Plea Deal
Section 100u - Administration and Enforcement of Secs. 100e to 100t
Section 101 - Annual Report of Commissioner to General Court
Section 102 - Effect of Secs. 98 to 101a on Authority of Courts
Section 103 - Notice to Commissioner of Appointment, Removal, etc., of Probation Officer