Arrest records are public documents in Waltham, Massachusetts, accessible to members of the general public under the provisions of the Massachusetts Public Records Law (M.G.L. Chapter 66, Section 10). This statute establishes that governmental records, including those pertaining to arrests, are presumptively public unless specifically exempted by law. The Commonwealth of Massachusetts maintains this policy to ensure transparency in law enforcement operations and to uphold the public's right to information regarding criminal justice proceedings.
The Massachusetts Public Records Law operates under the principle that citizens have the right to know about governmental activities, including arrests made by law enforcement agencies. However, certain information within arrest records may be redacted or withheld pursuant to exemptions outlined in M.G.L. Chapter 4, Section 7(26), which protects personal privacy, ongoing investigations, and other sensitive information from disclosure.
Individuals seeking arrest records in Waltham should be aware that while the records are public, access procedures must follow established protocols, and certain administrative fees may apply in accordance with Massachusetts General Laws Chapter 66, Section 10(a).
The Commonwealth of Massachusetts provides multiple official channels through which members of the public may access arrest records in Waltham. Requestors seeking such information may utilize the following methods:
Waltham Police Department
155 Lexington Street
Waltham, MA 02452
(781) 314-3550
Waltham Police Department Official Website
Waltham District Court
38 Linden Street
Waltham, MA 02452
(781) 314-2990
Massachusetts Trial Court Website
Department of Criminal Justice Information Services
200 Arlington Street, Suite 2200
Chelsea, MA 02150
(617) 660-4600
DCJIS Official Website
Requestors should note that effective January 1, 2025, all public records requests in Massachusetts must include the requestor's name and contact information, pursuant to amendments to the Public Records Law enacted in 2024. Additionally, fees for record retrieval and reproduction are assessed in accordance with 950 CMR 32.07.
Arrest records maintained by the Waltham Police Department and other Massachusetts law enforcement agencies typically contain the following categories of information, as prescribed by Massachusetts law enforcement standards:
Demographic Information: The full legal name of the arrested individual, date of birth, gender, race, height, weight, eye and hair color, and any distinguishing physical characteristics or identifying marks.
Arrest Circumstances: The date, time, and specific location where the arrest occurred, including the street address or intersection.
Criminal Charges: All offenses for which the individual was arrested, cited by their specific Massachusetts General Laws chapter and section references (e.g., M.G.L. c. 265, § 13A for assault).
Arresting Agency Information: The name and badge number of the arresting officer(s), the law enforcement agency that executed the arrest, and the agency's case or incident number.
Booking Details: Information regarding the processing of the arrested individual, including booking number, fingerprint identification number, and photographic identification (mugshot).
Custody Status: Information regarding bail determination, release conditions, or continued detention.
Court Information: The court of jurisdiction where the case will be heard and any scheduled appearance dates.
It should be noted that pursuant to M.G.L. Chapter 6, Section 167A, certain sensitive information such as Social Security numbers, driver's license numbers, and financial account information is redacted from public arrest records to protect against identity theft and fraud.
The Commonwealth of Massachusetts provides statutory mechanisms through which qualifying individuals may petition for the expungement of arrest records in Waltham and throughout the state. The Massachusetts Criminal Justice Reform Act of 2018 (Chapter 69 of the Acts of 2018) significantly expanded expungement eligibility, codified in M.G.L. Chapter 276, Section 100E-100U.
Individuals seeking expungement must satisfy specific statutory criteria:
Time Requirements: For most offenses, petitioners must wait a minimum of 7 years after disposition of a felony case or 3 years after disposition of a misdemeanor case before filing for expungement.
Eligibility Limitations: Pursuant to M.G.L. Chapter 276, Section 100E, certain offenses are categorically ineligible for expungement, including but not limited to:
Petition Process: Eligible individuals must file a petition for expungement with the Commissioner of Probation using the prescribed form. The petition undergoes review by both the Commissioner and the District Attorney's office with jurisdiction over the case.
Judicial Determination: If the petition advances to judicial review, the court must find by clear and convincing evidence that expungement "would be in the interests of justice" as defined in M.G.L. Chapter 276, Section 100K.
Upon successful expungement, all records of the arrest are removed from public access and from the criminal justice agencies' databases. The legal effect of expungement, as specified in M.G.L. Chapter 276, Section 100M, is that "the person whose record was expunged may state that no record exists."
The Massachusetts Probation Service processes expungement petitions at:
Office of the Commissioner of Probation
One Ashburton Place, Room 405
Boston, MA 02108
(617) 727-5300
Massachusetts Probation Service Website