171 sections in this chapter.
Mass. Gen. Laws ch. 276, § 1 Complaint for issuance of search warrant; warrant for designated property or articles; search incident to arrest; documentary evidence subject to privilege
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Section 1. A court or justice authorized to issue warrants in criminal cases may, upon complaint on oath that the complainant believes that any of the property or articles hereinafter named are concealed in a house, place, vessel or vehicle or in the possession of a person anywhe…
Mass. Gen. Laws ch. 276, § 10 Rewards offered by aldermen, selectmen or mayor; determination of claims
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Section 10. The aldermen or the selectmen, if in their opinion the public good so requires, may offer a suitable reward of not more than five hundred dollars in any one case, to be paid by the town to any person who, in consequence of such offer, detects or secures a person who h…
Mass. Gen. Laws ch. 276, § 100 Detailed reports of probation work; records; accessibility of information
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Section 100. Every probation officer, or the chief or senior probation officer of a court having more than one probation officer, shall transmit to the commissioner of probation, in such form and at such times as he shall require, detailed reports regarding the work of probation …
Mass. Gen. Laws ch. 276, § 100A Requests to seal files; conditions; application of section; effect of sealing of records
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Section 100A. Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation may, on a form furnished by the commissioner and signed under the penalties of perjury, request that the commission…
Mass. Gen. Laws ch. 276, § 100B Requests to seal delinquency files or records; conditions; sealing by commissioner; notice for compliance; effect of sealing; limited disclosure
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Section 100B. Any person having a record of entries of a delinquency court appearance in the commonwealth on file in the office of the commissioner of probation may, on a form furnished by the commissioner, signed under the penalties of perjury, request that the commissioner seal…
Mass. Gen. Laws ch. 276, § 100C Sealing of records or files in certain criminal cases; effect upon employment reports; enforcement
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Section 100C. In any criminal case wherein the defendant has been found not guilty by the court or jury, or a no bill has been returned by the grand jury, or a finding of no probable cause has been made by the court, the commissioner of probation shall seal said court appearance …
Mass. Gen. Laws ch. 276, § 100D Availability of sealed criminal record information
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Section 100D. Notwithstanding any provision of section 100A, 100B, or 100C of this chapter, criminal justice agencies as defined in section 167 of chapter 6 shall have immediate access to, and be permitted to use as necessary for the performance of their criminal justice duties, …
Mass. Gen. Laws ch. 276, § 100E Definitions applicable to Secs. 100E through 100U
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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…
Mass. Gen. Laws ch. 276, § 100F Petition for expungement of record as adjudicated delinquent or youthful offender
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Section 100F. (a) A petitioner who has not more than 2 records as an adjudicated delinquent or adjudicated youthful offender may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record or records; provi…
Mass. Gen. Laws ch. 276, § 100G Petition for expungement of record of conviction
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Section 100G. (a) A petitioner who has not more than 2 records of conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the commissioner expunge the record or records; provided, however, that multiple offenses arising out…
Mass. Gen. Laws ch. 276, § 100H Petition for expungement of record without adjudication as delinquent or youthful offender or conviction
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Section 100H. (a) A petitioner who has not more than 2 records that do not include an adjudication as a delinquent, an adjudication as a youthful offender or a conviction may, on a form furnished by the commissioner and signed under the penalties of perjury, petition that the com…
Mass. Gen. Laws ch. 276, § 100I Certification of eligibility for expungement
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Section 100I. (a) The commissioner shall certify that a record or records that are the subject of the petition filed pursuant to section 100F, section 100G or section 100H are eligible for expungement provided that: (1) any offense resulting in the record or records that are the …
Mass. Gen. Laws ch. 276, § 100J Offenses excluded from eligibility of record for expungement
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Section 100J. (a) No criminal record resulting from a disposition of the following offenses shall be eligible for expungement pursuant to section 100F, section 100G or section 100H: (1) any offense resulting in death or serious bodily injury; (2) any offense committed with the in…
Mass. Gen. Laws ch. 276, § 100K Expungement of record resulting from false identification, an offense no longer a crime at time of expungement, error or fraud
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Section 100K. (a) Notwithstanding the requirements of section 100I and section 100J, a court may order the expungement of a record created as a result of criminal court appearance, juvenile court appearance or dispositions if the court determines based on clear and convincing evi…
Mass. Gen. Laws ch. 276, § 100K1~4 /4 Expungement of record resulting from certain possession or cultivation of marijuana offenses
Mass. Gen. Laws ch. 276, § 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
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Section 100L. (a) Upon receipt of an order by a court pursuant to section 100F, section 100G, section 100H or section 100K the commissioner, the clerk of court where the record was created and the commissioner of criminal justice information services appointed pursuant to section…
Mass. Gen. Laws ch. 276, § 100M Failure to acknowledge expunged record as basis for perjury or false statement
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Section 100M. No person whose record was expunged pursuant to section 100F, section 100G, section 100H or section 100K shall be held under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or acknowl…
Mass. Gen. Laws ch. 276, § 100N Employment applications and trade or professional licensures; effect of expunged records
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Section 100N. (a) A record expunged pursuant to section 100F, section 100G, section 100H or section 100K shall not operate to disqualify a person in any examination, appointment or application for employment with any county agency, municipal agency or state agency nor shall such …
Mass. Gen. Laws ch. 276, § 100O Petitions for expungement and related records excluded as public records
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Section 100O. A petition for an expungement, any records related to a petition for an expungement, records related to judicial proceedings required to hear the petition for an expungement or an order of expungement pursuant to section 100F, section 100G, section 100H or section 1…
Mass. Gen. Laws ch. 276, § 100P Exclusion of general public from proceedings relating to petition for expungement
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Section 100P. The court shall exclude the general public from any judicial proceeding where the court will be hearing a petition for an expungement admitting only such persons as may have a direct interest in the case.
Mass. Gen. Laws ch. 276, § 100Q Sealed or expunged records not to be available for inspection
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Section 100Q. No person shall make records sealed pursuant to section 100A or section 100B or expunged pursuant to section 100F, section 100G, section 100H or section 100K available for inspection in any form by any person.
Mass. Gen. Laws ch. 276, § 100R Waiver of right to expunge as condition of plea deal
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Section 100R. It shall be a violation of public policy for a district attorney to make a plea deal contingent on waiving a right to expunge.
Mass. Gen. Laws ch. 276, § 100S Negligence claims; employers and landlords presumed to have no notice of seal, expunged or otherwise protected records
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Section 100S. In a claim for negligence, an employer or landlord shall be presumed to have no notice or ability to know of a record that: (i) has been sealed or expunged; (ii) the employer is prohibited from inquiring about pursuant to subsection 9 of section 4 of chapter 151B; o…
Mass. Gen. Laws ch. 276, § 100T Notice of sealed and expunged records to Federal Bureau of Investigation and United States Department of Justice
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Section 100T. Upon sealing a record pursuant to section 100A or section 100B or upon receipt of an order of expungement pursuant to section 100F, section 100G, section 100H or section 100K the commissioner of the department shall notify the Federal Bureau of Investigation and the…
Mass. Gen. Laws ch. 276, § 100U Administration and enforcement of Secs. 100E to 100T
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Section 100U. The court, the office and the department may promulgate regulations for the administration and enforcement of sections 100E to 100T, inclusive.
Mass. Gen. Laws ch. 276, § 101 Annual report of commissioner to general court
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Section 101. The commissioner of probation shall make an annual report to the general court of the probation work of the courts for the year ending on December thirty-first preceding. The report shall include such information as the commissioner may consider useful, with his sugg…
Mass. Gen. Laws ch. 276, § 101A Establishment of uniform forms of blanks and records for use in district court probation offices
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Section 101A. The commissioner of probation shall establish uniform forms of blanks and records for use in the probation offices of the district courts, and, upon receipt of competitive bids, the state purchasing agent shall order, at the expense of the commonwealth, and maintain…
Mass. Gen. Laws ch. 276, § 102 Effect of Secs. 98 to 101A on authority of courts
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Section 102. Sections ninety-eight to one hundred and one A, inclusive, shall not affect the authority of the courts to require the keeping by their probation officers of probation records in addition to those necessary to conform to forms of records and reports prescribed by the…
Mass. Gen. Laws ch. 276, § 103 Notice to commissioner of appointment, removal, etc., of probation officer
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Section 103. Upon the appointment, removal, retirement, resignation, death, or leave of absence of a probation officer, the clerk of the court by which said probation officer was appointed shall notify forthwith the commissioner of probation of such appointment, removal, retireme…
Mass. Gen. Laws ch. 276, § 10A Authority of officer of another state to arrest felon
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Section 10A. Any member of a duly organized state, county or municipal peace unit of another state of the United States the laws of which contain provisions substantially equivalent to the provisions of this and the following section, who enters this commonwealth in fresh pursuit…
Mass. Gen. Laws ch. 276, § 10B Proceedings after arrest made in commonwealth by an officer of another state
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Section 10B. If an arrest is made in this commonwealth by an officer of another state in accordance with the provisions of the preceding section he shall without unnecessary delay take the person arrested before a justice, associate justice or special justice of a court of record…
Mass. Gen. Laws ch. 276, § 10C Partial invalidity
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Section 10C. If any part of sections ten A and ten B is for any reason declared void, it is declared to be the intent of said sections that such invalidity shall not affect the validity of the remaining portions of said sections.
Mass. Gen. Laws ch. 276, § 10D Uniform extraterritorial arrest on fresh pursuit; short title; uniform construction
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Section 10D. Sections ten A to ten C, inclusive, may be cited as the uniform extra-territorial arrest on fresh pursuit law, and shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of the states which enact similar laws.
Mass. Gen. Laws ch. 276, § 11 Definitions applicable to Secs. 11 to 20R
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Section 11. Wherever appearing in sections eleven to twenty R, inclusive, the term ''governor'' includes any person performing the functions of governor by authority of the law of this commonwealth, the term ''executive authority'' includes the governor, and any person performing…
Mass. Gen. Laws ch. 276, § 12 Arrest and delivery of accused to executives of another state; governor's authority
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Section 12. Subject to the provisions of sections eleven to twenty R, inclusive, the controlling provisions of the constitution of the United States, and any and all acts of congress enacted in pursuance thereof, the governor may cause to be arrested and delivered up to the execu…
Mass. Gen. Laws ch. 276, § 13 Surrendering accused not in demanding state at time of crime or leaving demanding state involuntarily
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Section 13. The governor may also surrender, on demand of the executive authority of any other state, any person in the commonwealth charged in such other state in the manner provided in section 14 with committing an act in this commonwealth, or in a third state, intentionally re…
Mass. Gen. Laws ch. 276, § 14 Written demand; allegations; accompanying papers; charge of crime; authentication of copies of papers
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Section 14. No demand for the interstate rendition of a person charged with crime in another state shall be recognized by the governor unless it be in writing alleging either that the person demanded was present in the demanding state at the time of the commission of the alleged …
Mass. Gen. Laws ch. 276, § 15 Investigation of demand and report to governor
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Section 15. When a demand shall be made upon the governor by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any other prosecuting officer to investigate or assist in investigating th…
Mass. Gen. Laws ch. 276, § 16 Governor's warrant of arrest; recital of facts
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Section 16. If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, sealed with the state seal and directed to an officer authorized to serve warrants in criminal cases or other person whom the governor may think fit to entrust with the…
Mass. Gen. Laws ch. 276, § 17 Arrest and delivery of accused; commanding aid
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Section 17. Such warrant shall authorize the person to whom it is directed to arrest the accused at any time and any place where he may be found within this commonwealth and to command the aid of all officers authorized to serve warrants in criminal cases or other persons in the …
Mass. Gen. Laws ch. 276, § 18 Authority to command assistance; penalties for refusal
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Section 18. Every such person empowered to make an arrest shall have the same authority, in arresting the accused, to command assistance therein, as officers have by law in the execution of any criminal process directed to them, with like penalties against those who refuse their …
Mass. Gen. Laws ch. 276, § 19 Rights of arrested person; habeas corpus; notice; penalty
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Section 19. No person arrested upon such a warrant shall be delivered over to the agent whom the executive authority of the demanding state shall have appointed to receive him unless such person shall first be taken forthwith before a justice or special justice of a court of reco…
Mass. Gen. Laws ch. 276, § 1A Search warrants for articles belonging to subversive organizations
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Section 1A. A justice of the superior court, upon application of the attorney general or a district attorney, and upon complaint on oath that the complainant believes that any of the property or articles hereinafter named are concealed in a particular house or place, if satisfied…
Mass. Gen. Laws ch. 276, § 1B Search warrants for records possessed by foreign corporations providing electronic communication or remote computing services
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Section 1B. (a) As used in this section, the following words shall have the following meanings:— ''Adverse result'', occurs when notification of the existence of a search warrant results in:— (1) danger to the life or physical safety of an individual; (2) a flight from prosecutio…
Mass. Gen. Laws ch. 276, § 2 Requisites of warrant
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Section 2. Search warrants shall designate and describe the building, house, place, vessel or vehicle to be searched and shall particularly describe the property or articles to be searched for. They shall be substantially in the form prescribed in section two A of this chapter an…
Mass. Gen. Laws ch. 276, § 20 Confinement of accused; expense; evidence of transportation to demanding state; new requisition
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Section 20. The officer or other person executing the governor's warrant of arrest, or the agent of the demanding state to whom the prisoner shall have been delivered, may when necessary confine the prisoner in a jail or other place of detention in any county, city or town throug…
Mass. Gen. Laws ch. 276, § 20A Warrant to apprehend on oath or affidavit; copies of papers attached
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Section 20A. Whenever any person within this commonwealth shall be charged, on the oath of any credible person before any court or justice in this commonwealth authorized to issue warrants in criminal cases, with the commission of any crime in any other state, including cases ari…
Mass. Gen. Laws ch. 276, § 20B Arrest without warrant; taking accused before court or justice; complaint
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Section 20B. The arrest of a person may be lawfully made also by any officer authorized to serve warrants in criminal cases, without a warrant, upon reasonable information that the accused stands charged in another state with a crime punishable by death or by imprisonment for a t…
Mass. Gen. Laws ch. 276, § 20C Commitment to permit arrest under warrant of governor on requisition
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Section 20C. If from the examination before such court or justice it appears that the person held is the person charged with having committed the crime alleged, including cases arising under section thirteen, with the exception of cases for which the governor shall not surrender …
Mass. Gen. Laws ch. 276, § 20D Bail
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Section 20D. Unless the offence with which the person arrested is charged is shown to be an offence punishable by death or life imprisonment under the laws of the state in which it was committed, such court or justice may admit such person to bail by bond or undertaking, with suf…