What is the difference between sealing and expungement in Massachusetts?

Having a criminal record can cause hurdles for individuals as they attempt to reintegrate into society. One of the most significant challenges is finding employment, as many employers conduct background checks and may not hire someone with a criminal history, regardless of the nature or age of the offense. This can lead to financial instability and difficulty in supporting oneself or one’s family.

Those with a criminal record can also struggle to secure housing, as landlords often perform similar checks and may deny applications based on a criminal record. Social stigma and discrimination can also affect personal relationships and community involvement, making it harder for individuals to build supportive networks. It can even restrict access to educational opportunities and professional licenses, further limiting opportunities for personal and professional growth. These barriers can perpetuate a cycle of disadvantage, but legal tools are available that help support rehabilitation and reintegration. In Massachusetts, two legal tools that can help individuals clear their records are sealing and expungement. While both aim to limit access to criminal history, they differ significantly in terms of eligibility, process, and impact.

#1: Sealing a criminal record

Sealing a record in Massachusetts restricts access to the information. This process does not erase the record but makes it inaccessible to the general public, including employers and landlords.

Not all records qualify for sealing. Generally, it is possible to seal non-convictions, misdemeanors, and certain felonies after a waiting period. Interested individuals can do this by filing a petition with the court. The court reviews the petition and decides whether to grant the request based on factors like rehabilitation and public safety. If approved and the seal is granted, the record is not visible in background checks. However, law enforcement and certain government agencies can still access it.

Sealing offers a way to move forward without the burden of a visible criminal record, though it does not completely erase the past.

#2: Expungement of a criminal record

Expungement goes a step further than sealing by completely erasing the record from existence. This process is more stringent and limited in scope. It is available for specific cases, such as wrongful convictions, offenses committed by minors, or decriminalized activities. The criteria are strict and often require proof of innocence or legal changes. Anyone who wants an expungement must file a petition. The court evaluates the petition, considering factors like the nature of the offense and any subsequent legal changes.

Once expunged, the record is permanently removed from all databases. It is as if the offense never occurred, providing a fresh start.

Although these paths offer some relieve to those with criminal records, legal experts call for additional improvements to further support those who are attempting to become productive members of society. Until then, sealing records and expungement are legal tools that can help those who are working through this process.