Massachusetts Arrest Records

The arrest rate in Massachusetts has seen a steady rise in recent years. Annually, about 80,000 arrests are recorded in the state. A further breakdown of these figures shows that over 80% of these arrests are for aggravated assaults, about 6% for robbery, another 6% for sexual assault, and approximately one percent for murder and nonnegligent manslaughter.

Compared to national averages in recent years, Massachusetts had the lowest arrest rate, at 1,205.76 per 100,000 residents, and South Dakota had the highest, at 6,187.22 per 100,000 residents. Nationally, the average is 1518 arrests per 100,000 residents.

What Is an Arrest Under Massachusetts Law?

An arrest in Massachusetts is the exercise of custody over an individual, depriving the person of liberty for more than a limited period so that the person may answer for the commission of an offense. An arrest is a critical part of a criminal process and constitutes a violation of a person's right to freedom. It can generally be made with a warrant or, in certain circumstances, without a warrant.

Type of Arrests in Massachusetts

Arrests in Massachusetts may be broadly classified under warrant and warrantless arrests. A warrant arrest happens when a law enforcement officer takes the individual named on the warrant into custody. Per Section 23, Chapter 276 of Massachusetts General Laws, a magistrate or judge must find probable cause to believe the individual named in the warrant has committed an offense.

Warrant Arrest

Warrant arrests may be arrest warrants or bench warrants. An arrest warrant is a written order issued by a magistrate or judge authorizing law enforcement to take an individual into custody. A bench warrant is issued when a person fails to appear in court on a scheduled date. A bench warrant may also be issued if a person violates probation guidelines, fails to pay child support, or completes community service.

Warrantless Arrest

Warrantless, on the other hand, warrantless arrests generally occur without a judge-issued warrant. Section 28, Chapter 276 of Massachusetts General Laws provides for warrantless arrests in the state. Under state law, if obtaining a warrant is not feasible and immediate action is required, an arrest may be made without a warrant.

Warrantless arrests can typically be made when there is probable cause to believe an offense has been committed and the person being arrested is the perpetrator.

Also, a warrantless arrest may be made when an officer witnesses a crime being committed. For instance, a law enforcement officer may make a warrantless arrest if they witness a crime and believe that delaying arrest to obtain a warrant would allow the suspect to escape, pose a danger to others, or destroy evidence.

Warrant and warrantless arrests can typically be made for

• Felony,
• Misdemeanor,
• Juvenile delinquency,
• Domestic violence,
• Traffic, and
• Immigration crimes.

What Are Massachusetts Arrests Records?

Arrest records are documents detailing instances where an individual has been taken into custody by law enforcement agencies in Massachusetts. It generally includes details such as the date and time of the arrest, the arresting agency, fingerprints, charges filed, location of the arrest, mugshot, and demographic information and physical characteristics of the arrestee.

Unlike criminal records, which contain a full history of an individual's criminal activities, including guilt and legal consequences, arrest records generally do not confirm guilt or conviction. The Massachusetts Department of Criminal Justice Information Services maintains arrest records, which may also be obtained from the police department making the arrest or the Office of the Sheriff in the county where the arrest occurred.

How Can Arrest Records Be Accessed in Massachusetts?

Massachusetts General Law and the FOIA (Freedom of Information Act) allow members of the public to obtain public records, including arrest records in the state.

Per Massachusetts Public Records Law, every person has a right to access public records. The Law generally defines public records to include books, papers, recorded tapes, documentary materials, or data, regardless of physical characteristics or form, made or received by an officer or employee of any agency, department, office, or authority of the Commonwealth. Hence, all records created, held, or maintained by Massachusetts police departments are generally presumed to be public records unless a specific exemption applies.

Except where an arrest record information is confidential, you may access arrest records for yourself or another individual. You may obtain a Massachusetts arrest record from multiple sources, including:

Massachusetts Criminal Offender Record Information (CORI) System

The Massachusetts CORI is an archive of criminal offender record information. If you have been charged with a crime in a Massachusetts court, there is generally a criminal offender record information on you. CORI information includes the list of each time an individual has been arrested by a law enforcement agency.

Per Massachusetts CORI law, any organization or individual may require criminal offender record information from the DCJIS (Department of Criminal Justice Information Services).

To ask about your arrest record from the CORI by mail:

• Complete the Personal CORI Request Form
• Sign the request form in front of a Notary Public
• Get a money order for $25 or fill out an Affidavit of Indigency
• Mail the CORI request form and the $25 money order or Affidavit of Indigency to:

200 Arlington Street, Suite 2200

Chelsea, MA 02150

Attn: CORI Unit

Alternatively, you may complete the process online by making the request from your iCORI account. If you do not have an iCORI account, you must register for an iCORI account. Note that it costs $25 to obtain your CORU online, except if you answer "yes" to the question that asks if you are indigent and get public assistance or if your income (after taxes) is lower than 125% of the federal poverty guidelines.

Local Police Departments

Local police departments and County Sheriffs' offices in Massachusetts maintain records of arrests made by officers of the department. You may obtain an arrest record by contacting the PD where the arresting officer serves or the Sheriff's Office in the county where the arrest was made. In some jurisdictions, access to arrest records may be available via online services, while in others, a paper request may be necessary.

Court Records

The MassCourt System, also known as the Massachusetts Trial Court Electronic Case Access, makes case information available to the public. Case information maintained on the portal typically includes arrest records and can be searched by providing the case number or party name. If you are unable to access the portal or the information for your case is not available online, you may also visit the courthouse where the case was heard and request access to view or obtain a copy of the court record, including the arrest record.

How Long Will an Arrest Report Stay on Your Massachusetts State Records?

As long as you have been arraigned before a court, an arrest record stays on your Massachusetts State record for life, except you are able to have your records expunged or sealed. Rap sheets (arrests and prosecution records) are maintained by the United States Department of Justice and state law enforcement agencies. These federal records are not purged automatically at intervals.

Can You Expunge Your Arrest Records in Massachusetts?

No specific provisions are made for the expungement of arrest records in Massachusetts. However, the state allows for the expungement or sealing of criminal records, including arrest records. For persons convicted of misdemeanors, criminal records may be sealed three years after completing the sentence. An application for the sealing of a criminal record for a felony case may be made after maintaining good behavior for seven years after completing the sentence.

It is also possible to seal the records in a case where the concerned individual was acquitted. However, the following conditions generally apply for a criminal record to be sealed in an acquittal case:

• The jury returns no bill
• The court found no probable cause
• The case was dismissed without probation
• The jury's verdict was "not guilty"
• A "nolle prosequi" was entered

Is a Citizen's Arrest Legal in Massachusetts?

Yes. A citizen's arrest is legal in Massachusetts. A citizen's arrest in the state is typically done by an individual who is not a law enforcement officer. However, a law enforcement officer may also exercise their citizen's arrest powers. A citizen's arrest may happen if a private person arrests an individual who "has in fact committed" a felony. The strict requirement in Massachusetts is that the arrested person must be shown to have committed a felony. To prove that the arrested individual has, in fact, committed a felony, the arresting citizen must be able to show that they witnessed the person committing a felony and have absolute knowledge that the offense is indeed a felony.

The state's provision for citizen's arrest does not cover arrests for misdemeanors. Note that if a citizen impersonates a law enforcement officer in arresting another person without a legal reason to do so, it is called a false arrest and not a citizen's arrest.

How to Look Up Arrest Warrants in Massachusetts

A warrant is a legal document issued by a magistrate or other judicial officer authorizing a specific action by law enforcement. In Massachusetts, a warrant generally can be an arrest warrant, bench warrant, or search warrant. An arrest warrant authorizes law enforcement to arrest the individual named on the warrant. A bench warrant differs from an arrest warrant in that a bench warrant is issued by a judge for the arrest of an individual who failed to appear at an important court hearing. This warrant allows law enforcement to arrest the person named on the warrant at their residence, workplace, or anywhere else. A search warrant permits law enforcement to search a specific location for evidence pertaining to a crime.

Warrants are public records in Massachusetts per Section 10, Chapter 66 of the Massachusetts General Law. Therefore, anyone interested in accessing warrant records may access them, except for warrant records that may be sealed due to court orders or other legal provisions. To look up warrant records in the state, you may use the iCORI database or visit the sheriff's officer or police department where the law enforcement officer who carried out the action in the warrant serves. The Office of the Commissioner of Probation maintains the data available to requesters in the iCORI. The office requires requesters to create an account before looking up warrant records. A records request to the Department of Criminal Justice Information Service can yield results for active warrant lookups.

Alternatively, you may contact the courthouses where the magistrate or judicial officer who issued the warrant presides. Furthermore, third-party websites typically also provide warrant search services for the public.