INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 16

Citation
Section 16 (e)
Parent Document
Mass. Gen. Laws ch. 239 § 16
Jurisdiction
Massachusetts (state)

Full Text

1,395 chars
(e) A person having a court judgment against them in a civil action commenced pursuant to section 19 of chapter 139 on file in a court may, on a form furnished by the trial court and signed under the penalties of perjury, petition the court to seal the court record. The petition shall be filed in the same court as the action sought to be sealed. If an action was active in more than 1 court during its pendency, a petition may be filed in each such court. Notice shall be given to parties to the original action. The court shall schedule a hearing to determine whether: (i) the action to which the record relates concluded, including exhaustion of all rights of appeal, not less than 7 years before the request and no eviction action for fault, or action pursuant to said section 19 of said chapter 139, has been brought against the petitioner within the commonwealth in the 7 years preceding the request, and such petitioner has not been convicted of any criminal offense referenced in said section 19 of said chapter 139 during such 7–year period; and (ii) the sealing of such record is in the interest of justice and public safety. Notwithstanding any provision to the contrary, where the plaintiff did not obtain a judgment in its favor, the defendant may petition to seal the court record at any time after the conclusion of the action, including exhaustion of all rights of appeal.