ACKNOW LEDGMENT OF RECEIPT 
OF A COPY OF G.L. C. 258D 

Docket No(s)

TRIAL COURT OF MASSACHUSETTS
JUVENILE COURT DEPARTMENT

Commonwealth vs. __________________________________________
NAME OF DEFENDANT

DIVISION

(When required by G.L. c. 258D, §9[A], obtain the defendant’s signature acknowledging receipt of this form.  Docket the original and retain it
with the case papers, and give the attached copy to the defendant as required by § 9[A]).  

By m y signature below , I acknow ledge that I have been given by this court a copy of the text of  M.G.L. c. 258D. 
____________________________________________________            _______________________
Defendant                                                                                                              Date

Massachusetts General Law s chapter 258D 
COMPENSATION FOR CERTAIN ERRONEOUS FELONY CONVICTIONS

Section 1. (A) A claim  m ay be brought against the com m onwealth for an erroneous felony conviction resulting in incarceration as provided in this chapter.
 (B ) The class of persons eligible to obtain relief under this chapter shall be lim ited to the following: -
    (i)  those  that  have  been  granted  a  full  pardon  pursuant  to  section  152  of  chapter  127,  if  the  governor  expressly  states  in  writing  his  belief  in  the  individual's
innocence, or
  (ii) those who have been granted judicial relief by a state court of com petent jurisdiction, on grounds which tend to establish the innocence of the individual as set
forth in clause (vi) of subsection (C ), and if (a) the judicial relief vacates or reverses the judgm ent of a felony conviction, and the felony indictm ent or com plaint used
to charge the individual with such felony has been dism issed, or if a new trial w as ordered, the individual was not retried and the felony indictm ent or com plaint was
dism issed or a nolle prosequi was entered, or if a new trial was ordered the individual was found not guilty at the new trial; and (b) at the tim e of the filing of an action
under this chapter no crim inal proceeding is pending or can be brought against the individual by a district attorney or the attorney general for any act associated
with such felony conviction.
  (C )  In  order  for  an   ind ividu al  to  prevail  and  recover  dam ages  against  the  com m onw ealth  in  a  cause  of  action  brought  under  this  chapter,  the  individual  m ust
establish, by clear and convincing evidence, that: -
  (i) he is a m em ber of the class of persons defined in subsection (B);
  (ii) he was convicted of an offense classified as a felony;
  (iii) he did not plead guilty to the offense charged, or to any lesser included offense, unless such guilty plea was withdrawn, vacated or nullified by operation of law
on a basis other than a claim ed deficiency in the plea warnings required by section 29D  of chapter 278;
  (iv) he was sentenced to incarceration for not less than 1 year in state prison or a house of correction as a result of the conviction and has served all or any part
of such sentence;
  (v) he was incarcerated solely on the basis of the conviction for the offense that is the subject of the claim ;
  (vi) he did not com m it the crim es or crim e charged in the indictm ent or com plaint or any other felony arising out of or reasonably connected to the facts supporting
the indictm ent or com plaint, or any lesser included felony; and
  (vii) to the extent that he is guilty of conduct that w ould have justified a conviction of any lesser included m isdem eanor arising out of or reasonably connected to
facts supporting the indictm ent or com plaint, that he has served the m axim um  sentence he would have received for such lesser included m isdem eanor and not less
than one additional year in a prison.
  (D ) The claim ant shall attach to his claim  certified copies of: the m ittim us that shows the claim ant's sentence to incarceration and; the warrants necessary to grant
a pardon pursuant to section 152 of chapter 127 or; crim inal case docket entries or docum ents related thereto in the case of judicial relief.
 (E ) F or the purposes of this chapter "conviction" or "convicted" shall include an adjudication as a youthful offender, if such adjudication resulted in the youthful
offender's incarceration in a house of correction or state prison.
 (F) The com m onw ealth and any individual filing an action for com pensation under this chapter shall have the right to a jury trial on any action so filed. In the interest
of doing substantial justice, with regard to weight and adm issibility of evidence subm itted by the claim ant or the com m onwealth, the court presiding at a jury-waived
trial shall exercise its discretion by giving due consideration to any difficulties of proof caused by the passage of tim e, the death or unavailability or witnesses, or
other factors not caused by the claim ant, or those acting on the claim ant's or the com m onwealth's behalf. At a jury trial, the court shall consider these sam e factors
as part of the exercise of its discretion w hen determ ining the adm issibility and w eight of evidence, and the court shall instruct the jury that it m ay consider the sam e
factors when it weighs the evidence presented at trial. N o evidence proffered by any party shall be excluded on grounds that it w as seized or obtained in violation
of  the  Fourth,  Fifth  or  S ixth  a m endm ents  to  the  Constitution  of  the  United  States,  or  in  violation  of  Articles  12  or  14  of  Part  the  First  of  the  Constitution  of
M assachusetts.

 Section 2. A  claim ant shall not be entitled to com pensation from  the com m onwealth for any incarceration or portion thereof, which was or will be credited toward
a sentence for, or during which the claim ant was also serving a concurrent sentence for the conviction of another crim e. In those cases in which only a pardon from
the governor is used to support a pending action against the com m onw ealth brought under this chapter, the subsequent exercise of the governor's authority to revoke
such pardon pursuant to section 152 of chapter 127 shall im m ediately negate the validity of any such pending action and the superior court shall im m ediately issue
a sum m ary judgm ent in favor of the com m onw ealth on such grounds.

S ection 3. A  civil action brought against the com m onwealth under this chapter shall be brought in the county where the claim ant w as convicted or in Suffolk county.
The  superior  court  shall  have exclusive jurisdiction  of  all  such actions.  All  civil  actions  brought  pursuant  to this  chapter  shall  in all  m anner  proceed  by  and  be
governed by the rules of civil procedure except as otherwise expressly provided in this chapter.

S ection 4. Service of process for a civil action brought pursuant to this chapter shall be m ade upon the attorney general for the com m onwealth who shall defend
the com m onwealth against all such claim s. The attorney general shall im m ediately notify the district attorney for the county that prosecuted the felony that form s
the basis for the claim . Any district attorney so notified by the attorney general shall im m ediately notify any individual m eeting the definition of "victim ", as set forth
in section 1 or chapter 258B , of the felony conviction that form s the basis of the claim . Any such victim  shall be allow ed, but m ay not be com pelled, to testify or furnish
other evidence. If such victim  is unavailable to testify or decides not to testify, his prior recorded testim ony, given under oath at a relevant proceeding, shall only
be adm issible after judicial review and determ ination that such testim ony, or portion thereof, m ay be helpful to the factfinder. The attorney general shall consult with
the appropriate district attorney relative to the m erits of such action and, follow ing consultation, shall have discretion to determ ine w hether to proffer as evidence
any docum ents, records, testim ony or other inform ation brought forward to the attorney general by such district attorney in defense of the com m onwealth at a tim e
deem ed appropriate by the attorney general. The attorney general m ay arbitrate or settle any claim  for dam ages filed under this chapter, but any award or settlem ent
in excess of $80,000 shall be m ade only with the prior approval of the secretary of adm inistration and finance.

JV -13 (12/2005)                                                                                       

The  acceptance by  the  claim ant  of  any  such award or  settlem ent  shall  be in writing  and  shall,  except  when  procured  by  fraud,  be final  and  conclusive  on  the
claim ant, and shall constitute a com plete release of any claim  by the claim ant against the com m onw ealth and a com plete bar to any action by the claim ant against
the com m onwealth by reason of the sam e subject m atter.

S ection  5.  (A)  U pon  a  finding  or  verdict  that  the  claim ant  has  m et  the  requirem ents  of  section  1  by  the  requisite  standard  of  proof  and  is  not  barred  from
com pensation by section 2, the court or the jury shall determ ine the dam ages that shall be payable to the claim ant. In m aking such determ ination, the court or jury
shall consider, but not be lim ited to, the consideration of: the incom e the claim ant would have earned, but for his incarceration; the particular circum stances of the
claim ant's trial and other proceedings; the length and conditions under which the claim ant was incarcerated and; any other factors deem ed appropriate under the
circum stances in order to fairly and reasonably com pensate the claim ant. The court, in its discretion, m ay adm it expert testim ony on these or any factors. The court
m ay include, as part of its judgm ent against the com m onwealth, an order requiring the com m onwealth to provide the claim ant with services that are reasonable and
necessary to address any deficiencies in the individual's physical and em otional condition that are shown to be directly related to the individual's erroneous felony
conviction and resulting incarceration through docum entary or oral evidence presented to the court or jury by the claim ant as part of the claim  if the claim ant provided
in his original claim  for com pensation under this chapter: (i) the nature of the services that he seeks; and (ii) the agencies, departm ents or com m issions of the
com m onwealth from  w hich he seeks to receive such services. A ny such agency, departm ent or com m ission so nam ed in the claim  shall be entitled to reasonable
notice of the court proceedings pertaining to the possible ordering of such services and shall be given an opportunity to be heard on whether such agency is the
appropriate entity to provide such services if so ordered. The court m ay also include in its judgm ent an order that entitles any claim ant who wishes to apply for and
receive educational services from  any state or com m unity college of the com m onw ealth including, but not lim ited to, the U niversity of M assachusetts at Am herst
and its satellite cam puses, a 50 per cent reduction of the tuition and fees applicable to such services at said institutions. O nce the dam ages have been determ ined,
the court shall enter a judgm ent against the com m onwealth for the claim ant in an am ount certain, payable in either a lum p sum  or in annuity installm ent paym ents
set by the court; provided, however, that any such annuity installm ent paym ents shall have fixed lim its on their annual am ount and on the tim e period which they
shall be paid to the claim ant. A judgm ent against the com m onwealth m ay not include punitive or exem plary dam ages. The total liability of the com m onwealth for
any judgm ent entered under this chapter shall not exceed $500,000. Notwithstanding any general or special law to the contrary, the clerk of court shall not add to
the judgm ent and the com m onwealth shall not be liable for paying, any prejudgm ent or post judgm ent interest on dam ages. Subject to section 4, relative to award
or settlem ents, the rights and rem edies afforded to certain individuals by this chapter are not intended to lim it in any way any rights or rem edies that such individuals
or other individuals m ay be entitled to exercise and pursue under chapter 258.
  (B) In awarding dam ages under this section, the court or jury shall not offset the award by any expenses incurred by the com m onwealth or any political subdivision
of the com m onwealth including, but not lim ited to, expenses incurred to secure the claim ant's custody, or to feed, clothe or provide m edical services for the claim ant
nor shall the court offset against the award the value of any reduction in tuition or fees for educational services or the value of services to be provided to the claim ant
that m ay be awarded to the claim ant pursuant to this section.
  (C ) The com m onwealth shall not be liable to levy of execution on any real or personal property to satisfy a judgm ent ordered pursuant to this chapter. Any judgm ents
ordered by the court pursuant to this chapter shall be paid from  funds appropriated by the general court for such purpose. Paym ents by the com m onwealth under
this chapter are m ade to rem edy the claim ant's injury of unjust incarceration. O nly those portions of a judgm ent that are paid or retained as com pensation for services
in bringing a claim  under this chapter by an attorney representing the claim ant pursuant to a signed agreem ent with the claim ant or otherw ise shall be subject to
taxation by the com m onwealth.
  (D ) The court shall give due consideration to the possible bifurcation of court proceedings to separate the consideration of issues to be resolved by the court, as
required by sections 1 and 2, from  the determ ination of reasonable dam ages and other relief as required by this section.

Section 6. Any party to an action filed under this chapter is entitled to m ake a m otion seeking costs, expenses and interest for wholly insubstantial, frivolous or bad
faith claim s or defenses advanced by the opposing party during proceedings under this chapter as set forth in section 6F of chapter 231 and is also entitled to the
rights of appeal afforded parties in a civil action following a decision on such m otions as set forth in section 6G  of said chapter 231.

 Section 7. (A) U pon the entry of a judgm ent in favor of a claim ant under this chapter and following a separate hearing on the m atter, the court shall enter an order
either directing the expungem ent or sealing of those records of the claim ant m aintained by the crim inal history system s board, the probation departm ent, and the
sex offender registry that directly pertain to the claim ant's erroneous felony conviction case, including docum ents and other m aterials and any sam ples obtained
from  the claim ant. The com m onwealth, as well as any other law enforcem ent agency that m ay be directly affected by such expungem ent or sealing of such records
including, but not lim ited to, the district attorney that prosecuted the felony case against the claim ant, shall be given reasonable notice and an opportunity to be heard
on the issue of whether such records, docum ents and m aterials shall be so expunged or sealed. In m aking its determ ination as to w hether such records, docum ents
and m aterials shall be so expunged or sealed, the court shall consider the interests of privacy and justice pertaining to the claim ant's erroneous felony conviction
as well as the probable effect of such expungem ent or sealing on relevant law enforcem ent entities and their ability to appropriately investigate and prosecute other
persons for the felony which form s the basis of the claim  or other crim es that m ay relate to the inform ation contained in such records, docum ents and m aterials.
  (B ) Following a separate hearing conducted by the court, the court m ay also order the expungem ent or sealing of those records that directly pertain to the claim ant's
erroneous  felony  conviction  case  that  are  currently  in  the  care,  custody  and  control  of  other  state,  m unicipal  or  local  departm ents,  agencies,  com m issions  or
com m ittees, including law enforcem ent entities. Any such agency, com m ission, com m ittee or entity shall be given reasonable notice and an opportunity to be heard
on the issue of w hether such records, docum ents and m aterials shall be expunged or sealed pursuant to this section. In m aking its determ ination as to whether such
records, docum ents and m aterials shall be expunged or sealed, the court shall consider those factors required for consideration by the court in paragraph (A).
  (C ) Any order to expunge or seal entered by the court shall provide that, in any em ploym ent application, the claim ant m ay answer "no record" as to any charges
expunged or sealed pursuant to this section in response to an inquiry regarding prior felony arrests, court appearances or crim inal convictions.
    (D )  The  charges  and  convictions  expunged  or  sealed  shall  not  operate  to  disqualify  the  claim ant  in  any  exam ination,  appointm ent  or  application  for  public
em ploym ent in the service of the com m onwealth or any other political subdivision thereof, nor shall such charges and convictions be used against the claim ant in
any way in any court proceedings or hearings before any court, board or com m ission to which the claim ant is a party to the proceedings.

Section 8. A claim  for com pensation brought under this chapter shall be com m enced within 2 years after either the grant of a pardon or the grant of judicial relief
and satisfaction of other conditions described in subsection (B) of section 1. Any action by the com m onwealth challenging or appealing the grant of such judicial
relief shall toll the 2 year period. Every action brought pursuant to this chapter that is not com m enced within the tim e required by this section is forever barred from
consideration by the courts of the com m onwealth.

S ection 9. (A) A court granting judicial relief consistent w ith the criteria set forth in subclause (a) of clause (ii) of subsection (B) of section 1 shall provide a copy
of this chapter to an individual seeking such relief at the tim e the criteria of said subclause (a) of said clause (ii) of said subsection (B) of said section 1 are satisfied.
Such  individual  shall  be  required  to  acknowledge  receipt  of  a  copy  of  this  cha pter  in  writing  on  a  form   established  by  the  chief  justice  for  adm inistration  and
m anagem ent of the trial court. This acknowledgm ent shall be entered on the docket by the court and shall be adm issible in any proceeding filed by a claim ant under
this chapter.
  (B ) The parole board, upon the issuance of a full pardon under section 152 of chapter 127, shall provide a copy of this chapter to an individual granted clem ency
at the tim e warrants necessary to grant the pardon are issued. Such individual shall be required to acknowledge receipt of a copy of this chapter in writing on a form
established by the parole board, which shall be retained on file by the parole board as part of its official records and shall be adm issible in any proceeding filed by
a claim ant under this chapter.  (C ) If a claim ant granted judicial relief or a full pardon shows he did not properly receive a copy of the inform ation required by this
section, he shall receive a 1 year extension on the 2 year tim e lim it provided in section 8.