What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in Massachusetts?
In Massachusetts, an arrest is generally defined as the seizure of a person by a law enforcement officer and depriving them of their liberty for a period to bring them before a court to answer for criminal charges. This definition is grounded in constitutional protections against unreasonable searches and seizures, such as the Fourth Amendment and state criminal laws and procedures. Several actions may result in arrests in Massachusetts, including:
- Committing a criminal offense, such as theft, assault, or drug trafficking
- Being involved in a moving traffic violation, especially one that leads to injuries or serious property damage
- Engaging in disorderly conduct
- Violating a court order (including restraining and protective orders), summons, or subpoena
In addition, law enforcement officials are allowed to carry out a probable cause arrest if they have enough reliable information to reasonably believe that the person being arrested has committed or is committing a crime. Likewise, individuals with open warrants on them are also subject to arrest, regardless of the kind of warrant.
There are certain key aspects to arrests in Massachusetts as defined by state law:
- Custody and Control: this is the physical detention of a person, thereby restricting their freedom to leave. When an individual is arrested, they are taken into custody and subjected to the control of law enforcement.
- Legal Authority: Chapter 41, Section 98 of the Massachusetts General Laws (M.G.L) gives police officers the legal authority to make arrests. M.G.L Chapter 276 also authorizes duly sworn law enforcement officers to arrest individuals with or without a warrant, provided they have probable cause to believe that a crime has been (or is being) committed.
- Miranda Rights: arrested individuals must generally be informed of their Miranda rights when being taken into custody. This is a series of warnings or statements the arresting officer must give to the arrestee before they can legally question them, advising them of their right to remain silent, right to an attorney or have one attorney appointed on their behalf, and informing them that any statements they provide may be used against them in court. Under M.G.L Chapter 263, Section 1, arrestees also have the right to know the nature of the offense for which they are being arrested.
- Restraint and Transport: law enforcement officers are authorized to restrain arrestees; however, they are not allowed to use unreasonable or excessive force when carrying out an arrest. Once restrained, the arrestee must be transported to a police station or detention facility.
- Booking Process: the booking process takes place once the arrestee arrives at the police station or detention facility and generally involves recording their personal information and the nature of the arrest. Arresting officers are statutorily required to follow specific procedures; for instance, anyone arrested for a felony must be fingerprinted and photographed, and their fingerprints and photos must immediately be sent to the Massachusetts State Police for identification.
It is important to note the distinction between an arrest and detention. Detention involves temporarily holding an individual for questioning or about an ongoing investigation without formally charging them; probable cause is generally not required for this. On the other hand, an arrest involves taking the individual into custody to charge them with a crime; there must be probable cause for this to happen.
What is Unlawful Arrest in Massachusetts?
An unlawful arrest is said to occur in Massachusetts when a law enforcement officer takes a person into custody without following the established criminal laws and procedures. Unlike many other states, Massachusetts law enforcement officers are authorized to carry out an arrest without a warrant; duly sworn officers may also carry out extraterritorial arrests, meaning they may carry out arrests anywhere in the Commonwealth. Nonetheless, there are still other elements to what constitutes an unlawful arrest in Massachusetts, the primary ones being:
- Lack of Probable Cause: there must be probable cause that an individual has or is committing a crime for an arrest to be considered lawful.
- Violation of Constitutional Rights: an arrest is considered unlawful if it violates an individual's recognized constitutional rights, such as the Fourth Amendment right (which protects against unreasonable searches and seizures) and the person's right of assembly. Racial profiling and discrimination that violates an individual's civil rights protections during the arrest procedure or using excessive force to restrain the individual may also result in an unlawful arrest.
- Procedural Violations: Failure to follow established procedures and requirements during the arrest process, such as not giving the arrestee Miranda warnings before taking their statement, may result in the arrest being deemed unlawful.
- Mistaken Identity: arresting the wrong person due to errors in identification generally constitutes an unlawful arrest.
Law enforcement officers in Massachusetts are subject to both state and federal laws and regulations governing their conduct and activities. While some of these regulations do not specifically mention "unlawful arrest," they address actions related to or resulting from this and outline possible consequences. For example, victims of unfair arrests resulting from biased or discriminatory police practices may file lawsuits against the officers involved (and even the local or state government) under M.G.L Chapter 12, Section 11H and U.S. Code Title 42, Section 1983. Likewise, M.G.L Chapter 263, Section 2 stipulates a fine of up to $1,000 or imprisonment of up to one year for any officer who knowingly arrests an individual unlawfully.
Also, per statewide and police guidelines and procedures, evidence obtained from a person unlawfully arrested may be deemed inadmissible in court; the charges against the individual stemming from the arrest may also be dismissed.
Are Arrest Records Public in Massachusetts?
The Massachusetts Public Records Law, which is outlined in M.G.L Chapter 66 and supplemented by M.G.L Chapter 4, Section 7, generally defines public records as any document or material generated or received by a government entity, officer, or employee that is preserved as proof of their activities or decisions. However, while arrest records generally fall under this definition and are considered public, the law exempts certain types of arrest records or information contained in a particular arrest record from public disclosure.
To this end, publicly available information in Massachusetts arrest records is typically limited to personal information on the individual arrested and details on the arrest, such as:
- The individual's full name, date of birth, and home address
- The date and location of the arrest
- A description of the offense for which they were arrested
- The arresting agency
- An arrest number
The individual's mugshot, criminal charges brought against them, and court appearance details are typically not included in publicly accessible arrest records (these may be found in CORI reports, which are more comprehensive). In addition, records of arrests associated with juveniles, domestic violence, and/or sexual assaults are statutorily exempt from public disclosure.
Information related to ongoing investigations, arrest records linked to a sealed CORI report, and records that may directly or indirectly identify private citizens who volunteer as witnesses or compromise their safety are also deemed confidential and inaccessible by the public.
What are the Types of Arrest Records in Massachusetts?
Arrest records are one of two types of criminal records obtainable in Massachusetts - the other being criminal offender record information (CORI) reports. While both records detail criminal histories of individuals arrested in the state, the key difference between them is that CORI reports are usually generated after criminal proceedings are initiated against the individual.
Massachusetts arrest records are generally available at both the county and state levels. At the county level, these records are generated and maintained by the local police department or county sheriff's office in the jurisdiction where the arrest occurred and may be accessed by contacting these agencies directly. At the state level, the Massachusetts State Police compiles criminal history information (commonly referred to as CORI reports), which typically includes arrests that it has handled, as well as records of arrests from various counties collected into a single database.
The Massachusetts Department of Criminal Justice Information Services (DCJIS) also collates criminal records (arrest information inclusive) from local law enforcement agencies, courts, and the state police. This department is the primary custodian (and central repository) for statewide arrest records and CORI reports.
Where are Arrest Records Kept in Massachusetts?
Arrest records in Massachusetts are maintained at the local, state, and federal levels by various agencies. However, the types of arrest records held by these agencies and specific information obtainable from these records vary by agency and the nature of the arrest:
- Local Police Departments and Sheriff's Offices: local police departments and county sheriff's offices maintain only incident reports and records of arrests within their jurisdiction. These records typically contain details like the name of the individual arrested (or involved in the incident), their date of birth, address, and the nature of the offense, and may be accessed by contacting the relevant police department or sheriff's office.
- The Massachusetts State Police: this agency maintains records for crimes investigated and subsequent arrests made by state troopers and may also hold arrest records compiled from local departments. State police arrest records may be accessed by contacting the department directly or through the Department of Criminal Justice Information Services (DCJIS).
- The Massachusetts Department of Criminal Justice Information Services (DCJIS): the DCJIS maintains comprehensive criminal offender record information (CORI reports), which includes arrest records from all local and state law enforcement agencies. The DCJIS is the primary agency responsible for maintaining criminal records in Massachusetts and is a central repository for both active and historical arrest information. Requests for arrest records and other criminal history information may be directed to the DCJIS online via its iCORI platform.
- The Massachusetts Court System: Massachusetts courts also maintain records of arrests that result in legal proceedings and may provide interested parties with access to copies of these records.
- Federal Agencies: federal agencies like the FBI generally maintain arrest records on federal crimes or investigations conducted in Massachusetts.
- Correctional Facilities: the Massachusetts Department of Corrections (and the Devens Federal Medical Center) maintain copies of arrest records related to individuals incarcerated across the state; these records typically include information like arrest details, charges brought against the individual, sentencing, and time served.
How To Find Public Arrest Records in Massachusetts?
There are several methods for finding and accessing public arrest records in Massachusetts. These typically include:
- Requesting Arrest Records from Local Law Enforcement: the primary method for accessing arrest records in Massachusetts is through local police departments and sheriff's offices. Be aware that these agencies only maintain copies of arrests that occurred within their respective jurisdictions, as such, it is important to be sure of the actual department or office that handled the arrest when searching for the required records. It is also advisable to contact the department beforehand to get specifics on their public records request process.
- Using the iCORI Service: interested parties may obtain copies of comprehensive criminal history reports, including arrest records, using the Department of Criminal Justice Information Services (DCJIS) iCORI service. Users may either perform a name-based or fingerprint-supported criminal record check. Name-based checks provide information on court arraignments, while fingerprint-supported checks provide more detailed information, including arrests in Massachusetts and possibly other states. This service requires users to create an account, and a $25 fee is typically charged per request. Be aware that, as outlined in M.G.L Chapter 6, Section 172, the nature and scope of criminal record history information available to certain requesters may be limited.
- Contacting County Courts: copies of records for arrests that led to criminal proceedings may be accessed by contacting the clerk at the courthouse where the proceedings were handled. Several courts also provide online access to their records through the state's Trial Court Case Access platform.
- Utilizing Third-Party Websites: Various third-party websites generally offer access to public arrest records. These websites are often considered an easier option for finding arrest records as they may be accessed from any location. Reliable platforms like RecordsFinder typically aggregate data from multiple sources and allow users to search for public arrest records by name and location. However, it is important to note that third-party sites are usually independent of the government, and record availability may vary by website.
How Long Do Arrests Stay on the Record in Massachusetts?
In Massachusetts, arrest records generally stay on a person's criminal record indefinitely unless the record is sealed or expunged. Note that Massachusetts does not have automatic timeframes for sealing or expunging records; individuals who wish to do this must initiate the action themselves.
How To Seal or Expunge an Arrest Record in Massachusetts?
Massachusetts law (specifically M.G.L Chapter 276, Sections 100A – 100U) outlines the requirements and procedures for expunging or sealing arrest records in the state. Per this law, arrest records (and criminal records in general) may be expunged or sealed under certain circumstances:
- Expungement: this permanently removes the record from all databases. Arrests that lead to convictions for violent crimes (including murder), sex offenses, firearm violations, DUIs, offenses against the elderly or disabled, and domestic violence, are generally ineligible for expungement. There are two types of expungements available in Massachusetts –
- Time-based Expungement: this is only eligible for offenses that occurred before the individual turned 21. At least seven years (for felonies) or three years (for misdemeanors) must have passed since the sentence was completed, and the individual must not have other criminal or juvenile records except for minor traffic violations.
- Non-time-based Expungement: this is only eligible for records that resulted from errors, fraud, or identity theft and for offenses that are no longer considered crimes.
- Sealing: sealing a record hides it from the general public. An arrest that resulted in a conviction may be sealed after seven years for felonies and three years for misdemeanors (this includes the duration of the incarceration); certain sex offenses may require a 15-year waiting period. Sealing is also possible (with no mandatory waiting period) if a case was dismissed, resulted in a not-guilty verdict, or was dropped.
Eligible parties must complete and submit an appropriate petition form to the Office of the Commissioner of Probation or the court clerk's office at the court where the case was filed (for records that do not involve a conviction) to initiate the sealing or expungement process.
Be aware that sealed records may still be viewed by law enforcement and certain employers; however, expunged records are completely erased and may no longer be accessed by anyone.
