PETITION FOR EXPUNGEMENT OF  
 MARIJUANA OFFENSES  
G.L. c. 276, § 100K¼

DOCKET NO. (of the case in which you 
are seeking expungement) 

Massachusetts 
Trial Court

YOUR NAME, ADDRESS, AND PHONE NUMBER (Petitioner)

COURT DEPARTMENT 

Boston Municipal Court
District Court

Juvenile Court
Superior Court

COURT DIVISION 

You have the right to an interpreter at no cost to you.

I request the assistance of an interpreter for the following language: 

I request that this Court order that the records of the following charges (marijuana only) be expunged: 

possession of marijuana — G.L. c. 94C, § 34

cultivation of marijuana — G.L. 94C, § 32C(a)

possession of marijuana with intent to distribute — G.L. c. 94C, § 32C(a)

distribution of marijuana — G.L. c. 94C, § 32C(a)

possession of marijuana, subsequent offense — G.L. c. 94C, § 34

cultivation of marijuana, subsequent offense — G.L. c. 94C, § 32C(b)

possession of marijuana with intent to distribute, subsequent offense — G.L. c. 94C, § 32C(b) 

distribution of marijuana, subsequent offense — G.L. c. 94C, § 32C(b)

Counts:

(Note: The court is to act within 30 days of the petition being filed.) 

I make this request because the criminal records noted above were created as a result of marijuana offense(s) that have now
been decriminalized based on the amount of marijuana involved. (Check box and refer to Instructions on the next page.)

Specifically (provide as much detail as possible explaining the reasons for your request):

Please attach additional pages if you need more space.  

I request that the Court hold a hearing on my petition. 

If you need more space to explain, check this box and continue in the space provided on the Instructions sheet. You may  
also attach additional pages if necessary. 

If you have documents that support your petition, check this box and attach them to this petition.

I provided this petition and supporting documents to the District Attorney's Office of the county that prosecuted the case       
                                                                                                                                                                                                              

by mailing a copy via first class mail to the District Attorney's Office

by delivering a copy in hand OR

on 

DATE

.

I swear under the pains and penalty of perjury that all information I provided in this Petition is true 
to the best of my knowledge and belief. 

DATE:

PETITIONER'S SIGNATURE

Standardized (Multi - BMC, DC, JC, SC)-Criminal-TC0021 (11/22) 

INSTRUCTIONS TO PETITIONER: 
  

Please type your responses on the form or use blue or black ink and write clearly.  
  
Reasons for Expunging a Record Under G.L. c. 276, § 100K¼  
Under Chapter 276, § 100K¼, you can directly ask a judge to permanently destroy, or "expunge," the official court records of 
marijuana offense(s), if the amount of marijuana involved has now been decriminalized. If there is more than one offense in your 
case, only the marijuana offense(s) may be expunged. There will still be a record of other offenses in your case. 
  
Under this law, the judge can order expungement of the court record only if the judge determines by clear and convincing 
evidence that the amount of marijuana underlying the offense(s) was two ounces or less, or, if the marijuana was in your primary 
residence, that it was ten ounces or less, or consisted of six or fewer marijuana plants for personal use or twelve or fewer 
marijuana plants on the premises.  
  
Expungement may also be available in circumstances other than the ones identified above. To learn about those other 
circumstances and the requirements for seeking expungement under them, visit this webpage:  
Expunge Your Criminal Record | Mass.gov (https://www.mass.gov/expunge-your-criminal-record)  
  
What You Must Show  
You must demonstrate to the judge that the amount of marijuana involved in the underlying offense(s) was either: (1) two ounces 
or less; (2) was within your primary residence and was ten ounces or less; or (3) consisted of six or fewer marijuana plants for 
personal use or twelve or fewer marijuana plants on the premises. When you fill out this petition, you should provide as much 
detail as possible. You may give the judge copies of documents that support your reasons for asking for expungement. On the 
petition, there is a box to check for a hearing. At a hearing, you can tell the judge why you think the marijuana record(s) should be 
expunged. Even if you don't request a hearing, the judge could still hold a hearing where you must be present. If a hearing is 
scheduled, the clerk's office will notify you of the hearing date and time where you must be present.  
  
Multiple Charges 
On this petition, you must include all of the eligible marijuana charges connected to the case that you are asking the judge to 
expunge. The judge may only expunge eligible marijuana charges, as listed in the petition. If you would like to ask a judge to 
expunge records in different cases, with different docket numbers, you must file separate petitions for each case.  
  
Where to File the Petition  
You must file this petition in the clerk's office in the court where the criminal case was heard.  
  
Providing a Copy of the Petition to the District Attorney's Office 
You must provide a copy of this petition and any documents that you file with the petition to the District Attorney's Office that 
prosecuted the case on or before the day that you file this petition in court. You can do this by bringing a copy to the District 
Attorney's Office or by mailing a copy to the District Attorney's Office by first-class mail. You are not required to provide proof of 
hand delivery or mailing at this time, but may want to obtain and preserve proof of delivery or mailing for your records.  
  
Records will be Permanently Destroyed  
An order of expungement requires the clerk of the court where the record was created and the Commissioner of Probation to 
destroy or permanently erase the trial court records of eligible marijuana offenses within their care, custody, or control, except for 
information contained in the domestic violence record keeping system. An order of expungement also requires criminal justice 
agencies to destroy or permanently erase the record from all publicly available police logs maintained pursuant to G.L. c. 41, § 
98F, within the agencies' care, custody, or control. Further, criminal justice agencies are required to respond to inquiries from any 
party, including criminal justice agencies, a county agency, a municipal agency, or a state agency that no record of eligible 
marijuana offenses exists.  
  
If the judge allows your petition for expungement, the clerk will provide you with a certified copy of the expungement order, the 
docket sheets and the criminal complaint related to the expungement. If you want copies of the police report, any documents that 
you filed, or the petition, you must make copies before the court orders expungement. Once the record is destroyed, you will not 
be able to get a copy from the court. 
Additional Information:

Standardized (Multi - BMC, DC, JC, SC)-Criminal-TC0021 (11/22)