SENATE, No. 821

SECTION 1. Notwithstanding any general or special law to the contrary, the criminal case known as Commonwealth vs. Thomas Grassia, Framingham District Court, Docket No. 0449CR2243, whereby after final judgment, the charges brought against the accused, Thomas Grassia, were dismissed and findings of no probable cause were entered, all police and court records and records of any prosecuting attorney, including all records and documentation prepared and maintained by the Office of the District Attorney pertaining to such charge, all records of the Criminal History Systems Board pertaining to such charge, all records of the Framingham Police Department concerning this matter, including but not limited to booking photos, reports, and fingerprints pertaining to such charge, all records of the Massachusetts State Police pertaining to such charge, shall be destroyed upon the expiration of the time for additional judicial proceedings  or the time to take an appeal, or upon final disposition if an appeal is taken. 

Section 2.  Notwithstanding any general or special law to the contrary in the criminal case known as Commonwealth vs. Thomas Grassia, Framingham District Court, Docket No. 0449CR2243, whereby final judgment, the charges brought against the accused, Thomas Grassia, were dismissed and findings of no probable cause were entered, the Massachusetts State Police shall request that the Federal Bureau of Investigation and the National Crime Information Center return or otherwise delete all references pertaining to such charge.

Section 3.  In the criminal case known as Commonwealth vs. Thomas Grassia, Framingham District Court, Docket No. 0449CR2243, whereby final judgment, the charges brought against the accused, Thomas Grassia, were dismissed and findings of no probable cause were entered, the clerk of the court or any person charged with retaining such records within the trial court of the Commonwealth or any law enforcement agency having information contained in such erased records shall not disclose to anyone, except the subject of the records, upon submission pursuant to guidelines prescribed by the Chief Justice for Administration and Management  of satisfactory proof of the subject’s identity, information pertaining to any charge erased under any provision of this section and such clerk or person charged with the retention and control of such records shall forward a notice of such erasure to any law enforcement agency to which he knows information concerning the arrest has been disseminated and such disseminated information shall be erased from the records of such law enforcement agency.  Such clerk or such person, as the case may be, shall provide adequate security measures to safeguard against unauthorized access to or dissemination of such records or upon the request of the accused cause the actual physical destruction of such records.  No fee shall be charged in any court with respect to any petition under this section.  Thomas Grassia, who shall have been the subject of such an erasure shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

Section 4.  Upon motion properly brought before a judge of the superior court, said judge may order disclosure of such records (1) to a defendant in an action for false arrest arising out of the proceedings so erased or (2) to the prosecuting attorney and defense counsel in connection with any perjury charges which the prosecutor alleges may have arisen from the testimony elicited during the trial.  Such disclosure of such records is subject also to any records destruction program pursuant to which the records may have been destroyed.  The jury charge in connection with the erased offenses may be ordered by the judge for use by the judiciary, provided the names of the accused and the witnesses are omitted therefrom.

Section 5.  For the purposes of this act, “court records” shall not include a record or transcript of the proceedings made or prepared by an official court reporter, assistant court reporter or monitor.