Bill Text: MA S1721 | 2009-2010 | 186th General Court | Introduced
Bill Title: Mandate that offenses for which a pardon has been granted be expunged from criminal offender record information reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 7/27 at 1:00 PM in Gardner Auditorium [S1721 Detail]
Download: Massachusetts-2009-S1721-Introduced.html
The Commonwealth of Massachusetts
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PRESENTED BY:
Brian A. Joyce (BY REQUEST)
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To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act Mandating that offenses for which a pardon has been granted be expunged from Criminal Offender Record Information Reports.
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PETITION OF:
|
Name: |
District/Address: |
|
Lawrence Overlan |
69 Morton Street Canton, Ma.02021 |
The Commonwealth of
Massachusetts
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In the Year Two Thousand and Nine
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An Act Mandating that offenses for which a pardon has been granted
be expunged from Criminal Offender Record Information Reports.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Section 172 of chapter 6 of the General Laws is hereby amended by adding the following paragraph: - If a petition for a pardon is granted pursuant to section 152 of chapter 127, the board shall cause such petitioner’s record in the criminal offender record information system to be expunged of any reference or information, including the granting of a pardon, relative to the offense for which the petitioner has been pardoned. Upon request, the board shall provide a copy of such amended report to the recipient of such pardon. Upon a showing that the pardoned person may be or has been subject to an adverse decision because of the dissemination of a criminal offender record containing information relative to the offense for which a pardon has been granted, the board shall provide a copy of the amended criminal offender record to any person or agency before which a decision is pending or may be reconsidered. If a pardon is subsequently revoked, pursuant to said section 152 of said chapter 127, the board shall cause the record of such person to be amended in the criminal offender record information system and such amended record may be exchanged, disseminated and distributed consistent with this paragraph.
SECTION 2. Notwithstanding any general or special law or rule or regulation to the contrary, within 180 days after the effective date of this act, the criminal history systems board shall cause the criminal offender record information of any person pardoned before the effective date of this act to be expunged of any reference or information, including the granting of a pardon, from the criminal offender record information system relative to the offense for which the pardon was granted. Upon request, the board shall provide a copy of such amended report to the recipient of the pardon. Upon a showing that the pardoned person may be or has been subject to an adverse decision because of the dissemination of a criminal offender record containing information relative to the offense for which a pardon has been granted, board shall provide a copy of the amended criminal offender record to any person or agency before which a decision is pending or may be reconsidered.
