A Plain Statutory Reading Requires Broadening Automatic Sealing of Criminal Records
Boston, MA - As argued in an amicus letter written by Ryan Rosenblatt on behalf of Sullivan's pro bono client, The Boston Bar Association (BBA), the Supreme Judicial Court (SJC) adopted the BBA’s position that state law mandates automatic sealing of criminal records for charges if a defendant is found not guilty, a grand jury declines to indict, or a judge finds no probable cause. In his letter, Ryan noted that individuals with criminal charges “often face heightened barriers to adequate housing, employment, and other benefits that would enable them to participate fully in society. … Sealing is a central means for alleviating the adverse consequences that former defendants face.”
The Court’s unanimous opinion, by Justice Elspeth Cypher, cited “the compelling governmental interests in reducing recidivism, facilitating reintegration, and ensuring self-sufficiency by promoting employment and housing opportunities for former criminal defendants,” and found that “[a]lthough court records historically have been [publicly] accessible [some] records should not be available for public review.” Further, “the records of closed cases that resulted in an acquittal after trial, a finding of no probable cause, or a no bill from the grand jury … have not been open historically to the press and public.”
As a result of the decision, former criminal defendants meeting the criteria set forth above will have their criminal records automatically sealed unless they specifically request otherwise. Ryan commented, “Implementing the Legislature’s clear intent to automate the sealing process is a huge step forward in helping former defendants get their lives back on track after a not guilty finding or comparable disposition. This decision will provide a fresh start for individuals all across Massachusetts who have been stigmatized for decades by the harmful public nature of their criminal records, notwithstanding their not guilty dispositions."
The BBA issued a press release on the favorable opinion on May 8, 2023.
