Somerville Senator Proposes Expungement of Pot Charges Following Legalization

SOMERVILLE, MA – Massachusetts lawmakers are proposing legislation in light of marijuana legalization to expunge records of convictions prior to the law change. Bill S.1063, sponsored by Sen. Pat Jehlen of Somerville, would expunge only those convictions that are now legal.

The proposed legislation is aimed at preventing people with prior convictions from being denied employment opportunities and preventing prisoners from serving jail time for charges that are now legal.

The bill reads in part:

"An applicant for employment with an expunged record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with an expunged record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution."

Prisoners would also be allowed to apply to the sentencing court to be discharged if they are being held for an "expunged or repealed marijuana offense."

But not everyone is on board with the proposal.

Norwood Police Chief William Brooks told Fox25 that people are rarely convicted for just a small amount of marijuana and generally have plead charges down or were carrying marijuana when committing a more serious crime.

In an interview with the network, Brooks called a "broad brush" clearing of records across Massachusetts a "bad idea."

The bill was first filed in January and is currently under consideration by the Committee on Marijuana Policy, on which Jehlen serves as the Senate chair. It has not yet been determined when the bill will be put to a vote.

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