Massachusetts General Laws
Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation
Section 100e - Definitions Applicable to Secs. 100e Through 100u

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

Massachusetts General Laws

Part IV - Crimes, Punishments and Proceedings in Criminal Cases

Title II - Proceedings in Criminal Cases

Chapter 276 - Search Warrants, Rewards, Fugitives From Justice, Arrest, Examination, Commitment and Bail. Probation Officers and Board of Probation

Section 1 - Complaint for Issuance of Search Warrant; Warrant for Designated Property or Articles; Search Incident to Arrest; Documentary Evidence Subject to Privilege

Section 1a - Search Warrants for Articles Belonging to Subversive Organizations

Section 1b - Search Warrants for Records Possessed by Foreign Corporations Providing Electronic Communication or Remote Computing Services

Section 2 - Requisites of Warrant

Section 2a - Form 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 5 - Service of Notice

Section 6 - Postponement of Trial; Further Notice

Section 7 - Sale or Destruction of Property Seized; Disposition of Proceeds

Section 8 - Appeal From Decree of Forfeiture; Recognizance; Jury Trial; Conformity to Criminal Cases; Disposition of Articles

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 13 - Surrendering Accused Not in Demanding State at Time of Crime or Leaving Demanding State Involuntarily

Section 14 - Written Demand; Allegations; Accompanying Papers; Charge of Crime; Authentication of Copies of Papers

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 20 - Confinement of Accused; Expense; Evidence of Transportation to Demanding State; New Requisition

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 20d - Bail

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 20k - Warrant to Receive Accused and Convey Him to Proper County; Proceedings Pending in Another State

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 20q - Severability

Section 20r - Uniform Criminal Interstate Rendition Law; Short Title; Uniform Construction

Section 21 - Warrants to Arrest; Issuance of Process for Apprehension of Persons Charged With Crime by Certain Justices

Section 22 - Warrants, Procedure for Issuance

Section 23 - Service of Warrants and Other Processes

Section 23a - Warrant Management System

Section 23b - Annual List of Persons Registered With Licensing Authorities; Department of Criminal Justice Information Services; Outstanding Warrants; Notification of License Suspension; Hearing

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 27 - Recognizance

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 31 - Default Warrants Issued Due to Failure to Pay Fines, Assessments, Court Costs, Restitution, Support Payments, Etc. to Be Noted in Warrant Management System

Section 32 - Payment of Fine, Assessment, Costs, Restitution, Support Payment, etc.; Release From Custody

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 42a - Bail or Personal Recognizance; Terms and Conditions to Protect Persons Suffering Physical Abuse

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 52a - Removal of Accused Person to Another County or to a Correctional Institution; Return; Proceedings; Costs

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 56a - Abuse Occurring Prior to or in Conjunction With Charged Crime Against Person or Property; Investigation Prior to Release, Discharge or Admittance to Bail; Preliminary Written Statement to Be Filed and Maintained in Statewide Domestic Vi...

Section 57 - Bail; Officials Authorized to Admit to Bail; Amount of Bail; Security

Section 58 - Release on Personal Recognizance or Unsecured Appearance Bond; Determination; Fees; Refusal; Petition for Review

Section 58a - Conditions for Release of Persons Accused of Certain Offenses Involving Physical Force or Abuse; Hearing; Order; Review

Section 58b - Revocation of Release and Detention Order Following Violation of Release Conditions

Section 60 - Bail in Suffolk County; Proceedings

Section 61 - Bail Taken Out of Court; Certificate or Recognizance and Deposit by Surety; Presence of Persons; Monthly Statements by Person Taking Bail

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 68 - Surrender of Principal; Notice; Exoneration of Bail; Return of Deposits; Subsequent Bail

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 80 - Forfeiture of Deposit on Default; Sale of Bonds; Collection on Bank Books; Payments to State Treasurer

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 83 - Probation Officers; Applicants for Appointment as a Probation Officer; Examination; Investigation and Interview; Promotion; Publication of Standards

Section 85 - Powers and Duties of Probation Officers

Section 85a - Probation Officers of the Probate Court; Support and Maintenance Enforcement

Section 85b - Probation Officers of the Probate Court; Collection of Delinquent Payments Due Under Order of the Court; Recommendations to the Court

Section 87 - Placing Certain Persons in Care of Probation Officer

Section 87a - Conditions of Probation; Probation Fees

Section 87b - Compliance Credits Earned by Eligible Offender; Accrual; Revocation; Calculation of Supervision Termination Date

Section 88 - Clerical Assistance

Section 89 - Temporary Probation Officers

Section 89a - Counsellors to Juvenile Offenders

Section 89b - Probation Officers Appointed to Exclusively Supervise Young Adults; Selection; Training

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 99f - Performance Measurement System for the Office of Probation and Private Organizations Under Contract With the Commonwealth

Section 99g - Pretrial Services Initiative; Supervisor of Pretrial Services; Duties; Staff; Reports

Section 100 - Detailed Reports of Probation Work; Records; Accessibility of Information

Section 100a - Requests to Seal Files; Conditions; Application of Section; Effect of Sealing of Records

Section 100b - Requests to Seal Delinquency Files or Records; Conditions; Sealing by Commissioner; Notice for Compliance; Effect of Sealing; Limited Disclosure

Section 100c - Sealing of Records or Files in Certain Criminal Cases; Effect Upon Employment Reports; Enforcement

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 100h - Petition for Expungement of Record Without Adjudication as Delinquent or Youthful Offender or Conviction

Section 100i - Certification of Eligibility for Expungement

Section 100j - Offenses Excluded From Eligibility of Record for Expungement

Section 100k - Expungement of Record Resulting From False Identification, an Offense No Longer a Crime at Time of Expungement, Error or Fraud

Section 100l - Duty of Clerk of Court and Commissioner of Criminal Justice Information to Expunge Court Records and Police Logs Upon Order Issued Pursuant to Secs. 100f, 100g, 100h or 100k

Section 100m - Failure to Acknowledge Expunged Record as Basis for Perjury or False Statement

Section 100n - Employment Applications and Trade or Professional Licensures; Effect of Expunged Records

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 100s - Negligence Claims; Employers and Landlords Presumed to Have No Notice of Seal, Expunged or Otherwise Protected Records

Section 100t - Notice of Sealed and Expunged Records to Federal Bureau of Investigation and United States Department of Justice

Section 100u - Administration and Enforcement of Secs. 100e to 100t

Section 101 - Annual Report of Commissioner to General Court

Section 101a - Establishment of Uniform Forms of Blanks and Records for Use in District Court Probation Offices

Section 102 - Effect of Secs. 98 to 101a on Authority of Courts

Section 103 - Notice to Commissioner of Appointment, Removal, etc., of Probation Officer