Clear Your Record: Sealing and Expunging Criminal Records in Massachusetts

Table of Contents

1. Introduction
2. Expungement vs Sealing: What's the Difference?
3. Time-Based Expungement
   • Criteria for Time-Based Expungement
   • Expunging Misdemeanors
   • Expunging Felonies
4. Non-Time-Based Expungement
   • Qualifications for Non-Time-Based Expungement
5. Sealing Criminal Records
   • Access to Sealed Records
6. Expunging Records of Non-Citizens
7. Qualifications for Record Sealing in Massachusetts
   • Sealing Convictions
   • Sealing Non-Convictions
8. Who Can See a Sealed Record?
9. How to Seal a Criminal Record in Massachusetts
   • Sealing by Mail
   • Sealing in Person
10. Conclusion

Expunging and Sealing Your Criminal Records in Massachusetts

In Massachusetts, individuals may have the option to expunge or seal their criminal records. However, it's important to understand the difference between these two processes. Expungement involves the destruction of a criminal record, making it inaccessible to the court and other government agencies. On the other hand, sealing a record limits who can access it, providing restrictions for employers and landlords. In this article, we will explore the various aspects of expungement and sealing of criminal records in Massachusetts, including the eligibility criteria, procedures, and the potential impact on individuals' lives.

1. Introduction

A criminal record can have severe consequences on an individual's life, affecting their employment opportunities, housing, and ability to engage in community activities. Massachusetts offers the options of expunging or sealing criminal records, providing individuals with a way to move forward with a clean slate. However, it's crucial to understand the distinctions between these two processes and the requirements for eligibility. In this article, we will delve into the differences between expungement and sealing, the criteria for each, and the steps involved in taking action on your criminal record.

2. Expungement vs Sealing: What's the Difference?

Expungement and sealing are two methods used to protect an individual's privacy and limit access to their criminal record. Expungement entails the complete destruction of the record, rendering it inaccessible to courts and government agencies. Sealing, on the other hand, restricts who can view the record, particularly employers and landlords. While both options offer a level of protection, the eligibility requirements and procedures differ. Let's explore these options further.

3. Time-Based Expungement

Time-based expungement allows individuals to obtain an expungement after a certain period has passed since the offense was committed. To qualify for a time-based expungement, several criteria must be met. Firstly, the offense charged must have occurred before the individual's 21st birthday. Additionally, the criminal charge should be the only offense on the individual's record, except for minor motor vehicle violations. There should be no open criminal investigations against the individual, and the offense should not have resulted in death or serious bodily injury, nor should there have been an intent to cause such harm. Furthermore, the individual should not have been armed during the offense, and the offense should not have been committed against an elderly or disabled person, been a sex offense, an OUI (Operating Under the Influence), a firearms violation, a violation of a restraining order, or an assault and battery on a family or household member. If all these criteria are clear, the individual may proceed with expunging their record.

Expunging misdemeanors is possible after three years have passed since completing all parts of the sentence. Felonies, on the other hand, can be expunged after seven years have passed since completing all parts of the sentence.

4. Non-Time-Based Expungement

Aside from time-based expungements, Massachusetts also allows for expungements based on mistakes, fraud, or outdated laws. These types of expungements are more rare and involve demonstrating to the court that, if charged with the same offense today under properly handled circumstances, the individual would not be convicted. Several situations can qualify for non-time-based expungement, such as cases where someone else used the individual's identity, instances where the offense is no longer considered a crime (e.g., possession of marijuana under one ounce), errors committed by law enforcement, witnesses, or court employees, or cases involving fraud perpetrated upon the court. Unlike time-based expungements, there is no waiting period for this type of expungement.

5. Sealing Criminal Records

Sealing a criminal record in Massachusetts differs from expunging it, as evidence of the record is not destroyed. Instead, sealing the record imposes restrictions on who can access it. This means that most employers, landlords, and others conducting a quarry (criminal offender record information check) will be unable to see the record. Sealing provides individuals with the ability to truthfully answer that they have no criminal record, offering them better chances of obtaining employment, housing, and other opportunities. However, there are exceptions to who can access sealed records, including specific government agencies responsible for screening individuals in certain roles, such as day care applicants or individuals applying to become foster parents or adopt children.

6. Expunging Records of Non-Citizens

If you are not a citizen of the United States, expunging your criminal record can present unique challenges. It is crucial to consult with an immigration attorney before pursuing expungement. While expungement physically destroys the records, an entry of the case may still remain on some federal databases. If you are applying for citizenship, that entry could complicate the process. It may be necessary to demonstrate that your case was resolved in a favorable manner, which can be done with a certified copy of your record. However, obtaining this record must be done before your case is expunged. To ensure a smooth immigration process, it is highly recommended to seek guidance from an immigration attorney specializing in these matters.

7. Qualifications for Record Sealing in Massachusetts

To seal a criminal record in Massachusetts, individuals must qualify under specific statutes. The qualifications for sealing a record vary depending on whether the individual has been convicted or not. A conviction occurs when the case ends with a guilty finding, whether through a guilty plea or a guilty verdict after trial. It is important to note that serving jail time is not a requirement for a conviction. If an individual has been convicted of a felony where they could have been sent to a state prison, they can seal their record after seven years from the date they were found guilty or released from jail, whichever is later. For misdemeanors, which carry a maximum penalty of two and a half years in the house of correction, the waiting period is three years from the date of guilt or release from jail, again, whichever is later.

8. Who Can See a Sealed Record?

Once a criminal record is sealed in Massachusetts, most people and agencies will not have access to it. However, certain entities still have the authority to view sealed records. Criminal justice agencies such as courts, law enforcement, probation, and prosecution offices typically retain access to sealed records. Additionally, the Department of Early Education and Care, the Department of Children and Families (DCF), and the Department of Youth Services (DYS) have access to sealed records when screening individuals applying to become foster parents, adopt children, or work with vulnerable populations. It is important to be aware of these exceptions when considering sealing one's record.

9. How to Seal a Criminal Record in Massachusetts

There are two ways to seal a criminal record in Massachusetts: by mail or in person. For sealing by mail, individuals must qualify under the appropriate statute and ensure that the waiting period has expired. The petition, along with any supporting documents, can be sent to the court where the case took place. A judge will review the petition and make a decision on whether to seal the record. If the individual's case ended in a dismissal, a not guilty verdict, or a continuation without a finding of guilt, known as a CWOF followed by a dismissal, they may be able to petition the court to seal it immediately. This process requires appearing in court for a hearing where the individual can request the judge to seal their record in the interest of justice.

10. Conclusion

Having a criminal record can significantly impact an individual's life, limiting their opportunities and potentially affecting their future. Expungement and sealing of criminal records in Massachusetts offer individuals the chance to start fresh and overcome the barriers associated with a criminal past. While the processes may vary in terms of eligibility criteria and procedures, it is important to carefully navigate the options available. Seeking the guidance of an experienced criminal attorney is strongly advised in order to fully understand one's qualifications and ensure the best possible outcome. Your future is at stake, and taking the right steps can make a significant difference in your life.

Highlights

• Expungement destroys a criminal record, while sealing limits access to it.
• Time-based expungement criteria: offense before the individual's 21st birthday, no other offenses on record (except minor motor vehicle violations), no open criminal investigations, no death or serious bodily injury caused or intended, no possession of a firearm during the offense, not against an elderly or disabled person, not a sex offense, not an OUI or firearms violation, not a violation of a restraining order, not a domestic violence assault and battery, not a felony under chapter 265.
• Non-time-based expungements are rare and based on mistakes, fraud, or outdated laws.
• Sealing a criminal record limits access, particularly for employers and landlords.
• Expungement can have implications for non-citizens seeking citizenship.
• Qualifications for record sealing depend on convictions and waiting periods.
• Sealed records are generally inaccessible to the public, with exceptions for certain government agencies.
• Sealing can be done by mail or in-person, requiring eligibility and a petition to the court.

Frequently Asked Questions

Q: Can I expunge my criminal record in Massachusetts? A: Expungement is possible in Massachusetts, but it has specific eligibility criteria that must be met. These criteria include factors such as the age at which the offense occurred, the type of offense, and the absence of certain criminal investigations or convictions. Consulting with an experienced criminal attorney is crucial to determine if you qualify for expungement.

Q: How long does it take to expunge a misdemeanor in Massachusetts? A: Misdemeanors in Massachusetts can be expunged after three years have passed since completing all parts of the sentence. This includes completing any required jail time, probation, or other sentencing requirements. However, it is important to note that the actual process of expungement can take some time, as it involves submitting a petition to the court and awaiting their decision.

Q: Can sealing my criminal record in Massachusetts help with employment or housing? A: Yes, sealing your criminal record in Massachusetts can significantly improve your chances of obtaining employment and housing. Sealing restricts access to your record, meaning that most employers and landlords will not be able to see it during background checks. This allows you to truthfully answer that you have no criminal record, increasing your prospects for job offers and rental opportunities.

Q: How can I determine if I qualify for record sealing in Massachusetts? A: The qualification criteria for record sealing in Massachusetts vary depending on whether you have been convicted or not. If you have been convicted of a felony or a misdemeanor, the waiting period and other requirements differ. It is advisable to consult with a criminal attorney who can assess your specific situation and guide you through the process.

Q: Can sealed records be accessed by anyone? A: Sealed records in Massachusetts are generally inaccessible to the public. However, certain government agencies, such as the courts, law enforcement, probation offices, and prosecution offices, may still retain access to sealed records. Additionally, specific agencies involved in screening individuals for certain roles, such as day care applicants or prospective foster parents, may also have access to sealed records.

Q: What is the process for sealing a criminal record in Massachusetts? A: Sealing a criminal record in Massachusetts can be done either by mail or in person. If sealing by mail, individuals must ensure they qualify under the appropriate statute, the waiting period has expired, and submit a petition along with any supporting documents to the court where their case took place. A judge will review the petition and make a decision on whether to seal the record. Sealing in person requires appearing in court for a hearing, during which the individual can request the judge to seal their record in the interest of justice.

Resources:

• Aford Law