On November 25, 2025, the Supreme Judicial Court of Massachusetts overturned a Superior Court’s order that limited a defendant’s and his counsel’s access to the defendant’s own sealed records. Under Massachusetts General Law Chapter 276, Section 100 (c), any court records from a case where a defendant was found not guilty must be sealed. That statute was enacted to protect an individual who has been acquitted from further scrutiny that may come from the public’s continued access to those records. Nevertheless, the Massachusetts Legislature provided an avenue to opt-out of the automatic sealing if a defendant decides that it would serve their interest for the records to remain public (opt-out provision).

In Gravito v. Commonwealth, the SJC addressed the issue of whether the statute precludes a defendant and his counsel from accessing sealed records on an appeal from a mixed verdict case where a defendant declines to exercise their right to opt-out. In her opinion, Justice Wendlandt highlights that the legislative purpose of the sealing statute intended to protect the defendant’s privacy by precluding public access to records, an access which may thwart a defendant’s ability to reintegrate into society.

Although the opt-out provision reflects the Legislature’s recognition that a defendant may decide sealing is not in their interest, the SJC notes a defendant should not be forced to choose between two potentially undesirable options: sealing, where no one, including the defendant and their lawyer, shall have access to those records, and exposing the records to the general public, to allow both the defendant and counsel to have access. Therefore, the SJC concluded that the automatic sealing statute does permit a defendant and their attorney to access their own sealed records, while continuing to shield them from public view.

You can find the Slip Opinion here: https://www.mass.gov/doc/gravito-v-commonwealth-sjc-h13705/download