Sealing or Expunging Your Massachusetts Record

The Federal Bureau of Investigations estimates that 10,662,252 arrests were made by law enforcement agencies nationwide in 2016. This means that Americans are arrested at a rate of roughly 3,298.5 arrests per 100,000 people living in the U.S., and these arrests are not just confined to adults. The U.S. Department of Justice estimates that 856,130 juvenile arrests were made in the same year.

Regardless of how you view or interpret these statistics, they all point to the same conclusion. Every year, our criminal justice system is responsible for arresting and prosecuting millions of Americans, and our state is not an acception. For example, in 2016, the FBI reported that over 20,000 criminal offenses were known to law enforcement officers in Boston alone, but adults and children alike make mistakes, many of which can have long-term consequences such as getting charged with OUI in Massachusetts. Due to this, the state does have programs to seal or in some cases expunge criminal records.

Can I Get my Criminal Record Expunged in Massachusetts?

Massachusetts law only allows for the expungement of records in a very limited set of situations some of which are listed below:

• An erroneous or wrongful conviction such as being found guilty of a crime that you didn’t commit, and later, it was proven that you did not commit the crime you were convicted of.
• A conviction or criminal record under the wrong identity

This list is not all inclusive. Getting your record expunged in Massachusetts is not easy, and you should always consult with an attorney to determine if you are eligible for an expungement. The reason being, an expungement is in essence a deletion of your criminal record, and you will be required to petition a state court to grant your expungement request. Moreover, you will have to demonstrate evidence to support your claim that you are eligible for an expungement, which requires a high degree of legal knowledge and expertise.

Can I Get My Criminal Record Sealed in Massachusetts?

Getting criminal records sealed is a common method used in Massachusetts to minimize the impact a criminal conviction can have on your future. Sealed records can only be viewed by employees of the criminal justice system, not the general public such as employers, most colleges, etc. However, similar to expunging records, you will have to petition a state court to have the records sealed and demonstrate that you are eligible to have your request granted.

Sealing Records Without a Conviction in Massachusetts

Under Mass.Gen.Laws ch.276§100C, certain cases without a conviction can be sealed such as a finding of not guilty by a jury, a dismissal without probation by a court of law, or a failure to indict by a grand jury to name a few. In these instances and others, getting a court to seal your records can be straightforward with a little help from an lawyer.

Sealing Records Without a Conviction in Massachusetts

Sealing records with a criminal conviction, however, can be complicated. There is a waiting period you must complete before you submit your request. The waiting period for each type of criminal conviction is listed below:

• Misdemeanor conviction: 5 years after you were found guilty or after you completed your term of imprisonment, whichever date is later.
• Felony conviction: 10 years after you were found guilty or after you completed your term of imprisonment, whichever date is later.

There are exceptions to this rule depending on the type of crime you were convicted of such as sex and weapons related offenses. Moreover, juveniles are eligible to have their records sealed after a three-year waiting period, but adults and juveniles both cannot have any other criminal convictions during the waiting period to be eligible.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes