Massachusetts Misdemeanors

Massachusetts Misdemeanors

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil infraction. The Commonwealth draws the line between these offenses by punishment: any crime punishable by state prison time is a felony, all others are misdemeanors (typically punished by a fine and/or time in a county house of correction).

What Is a Misdemeanor in Massachusetts?

Under Section 1 of the Commonwealth of Massachusetts Law, a crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors. Minor traffic matters are handled as civil infractions, which attract only a fine. Felonies are offenses for which the statute authorizes state-prison time; misdemeanors are everything else, even if the authorized county-jail term is substantial.

Typical examples of misdemeanors include lower-value theft, simple assault, and battery under certain subsections, and certain Operating Under the Influence (OUI) offenses.

Misdemeanor Classes and Penalties in Massachusetts

Massachusetts does not group misdemeanors into lettered classes by a single “penalty chart.” Instead, each offense statute sets its own limit, often up to two and a half years in a house of correction with a fine. Some examples of penalties include:

• Certain assault and battery statutes authorize a House of Correction sentence of not more than two and a half years (with an additional punishment for a misdemeanor that turned to a felony).
• The OUI law imposes mandatory assessments and escalating penalties that may include fines, probation terms, treatment or education programs, and driving license sanctions. A standard first-offense OUI is prosecuted as a misdemeanor.

Misdemeanor Court Process in Massachusetts

Trial-level criminal cases begin in the District Court, which handles misdemeanors and many lesser felonies. The typical procedures for misdemeanor cases in Massachusetts begin by:

• Arrest or summons (citation complaint). An individual may be arrested by a law enforcement agent or summoned to court for a crime.
• Arraignment: The judge advises the defendant of his or her rights, appoints counsel if the defendant is indigent and jail is possible, and sets release conditions.
• Pre-trial: In this scenario, the counsels go through discovery, file their motions, discuss available diversion/treatment, and conduct plea negotiations. A Pre-Trial Conference Report must be signed by both sides, submitted to the judge, and signed by the judge.
• Trial: A bench trial may be held in the District Court, or the defendant may demand a jury of 6 people. The judge will listen to the verdicts from the jury (if available) or decide the case.
• Sentencing: District Court judges cannot impose more than two and a half years at the House of Correction on any one count. The judge may impose additional penalties such as fines, probation, restitution, community service, or counseling/treatment.

Misdemeanor Records in Major Massachusetts Cities

Massachusetts provides a statewide public portal for case indexes and calendars. However, individuals may view misdemeanor records in major Massachusetts cities at:.

• Boston. The Boston Municipal Court (BMC) serves the Boston and Winthrop area. Individuals may contact the BMC Clerk for certified copies of court records.
• Worcester. The Worcester District Court handles misdemeanor cases. Individuals may visit the clerk’s office to obtain certified copies of court records.
• Springfield (Western MA). The Springfield District Court allows the public to view misdemeanor case files.

How to Search for Misdemeanor Records in Massachusetts

Court records in Massachusetts are public and accessible to anyone, though some records may be restricted by statute or court order. Individuals may find case information, including party names, events, docket details, and dispositions. They may contact:

• Trial Court’s portal. The public may easily access courtrecords in Massachusetts, thanks to the statewide portal. They may use Search Court Dockets/Case Information or go directly to the MassCourts Portal. The portal allows the user to filter by court department (District Court/BMC), division, and case type.
• TheClerk’s Office. The court clerk maintains the official court records. Some older or restricted records are available only at the courthouse. Individuals should contact the local clerk (identified on the portal) for copy/certification procedures.
• Criminal Offender Record Information (CORI). Individuals may obtain a statewide CORI, including misdemeanors, from the Department of Criminal Justice Information Services. Employers and licensing agencies often use CORI to check for their clients’ criminal records.
• Third-party Organizations. Some businesses, organizations, or websites offer background checks to individuals who want to check public records. These checks will reveal an individual's criminal history, including misdemeanors.

How Long Does a Misdemeanor Stay on Your Record in Massachusetts?

There is no automatic expiration for misdemeanors, but Massachusetts provides sealing and expungement options, each with different effects and eligibility requirements.

Sealing. There are different eligibility requirements for sealing criminal records depending on whether there was a conviction. Records of a misdemeanor conviction may be sealed after three years of completing the sentence, including probation. Sealing limits public access to the case in most background checks, while preserving law enforcement and court access. Misdemeanor cases that are dismissed or result in an acquittal may be sealed by mail after the waiting period or by court order immediately.

Expungement. There are two routes to expunge a misdemeanor record. It may involve a youth-focused set of criteria. Another case is a “reason-based” expungement where a record was created due to false identification, conduct that is no longer a crime, error, or fraud. Expungement erases the record from public and most official repositories.

Without relief, misdemeanor convictions remain visible indefinitely in public case indexes and CORI reports.