Amicus brief in Commonwealth v. J.F.

Fifty years ago, Massachusetts passed a law requiring the courts to automatically seal the records of criminal cases ending in a finding of not guilty. We filed an amicus brief in Commonwealth v. J.F. urging the Massachusetts Supreme Judicial Court to enforce this automatic sealing provision, rather than requiring a petition and judicial finding of "good cause" to seal each individual case. Our amicus brief focuses on the importance of automatic sealing to prevent data brokers from collecting and disseminating criminal records ending in a finding of not guilty. People who have had contact with the criminal legal system — even if a court has found them not guilty — can face overwhelming difficulty securing housing, employment, and other basic needs, because data brokers sell their criminal records to landlords and employers. Because the Massachusetts legislature has already established good cause to seal criminal records ending in a finding of not guilty, the courts must uphold the legislature's clear directive to automatically seal these records.