Boston Lawyers For Expungement And Record Sealing
In Massachusetts, it is possible to expunge or restrict access to criminal records, which is called sealing, in specific circumstances. An experienced Massachusetts criminal defense attorney can guide you through the process and help clear your record.
With decades of experience handling complex criminal defense cases in Boston and across Massachusetts, the team at Carney, Gaudet & Carney is uniquely equipped to provide strong legal counsel and personalized representation tailored to your specific situation.
What Is Expungement?
Expungement entails the permanent removal or obliteration of a record, rendering it inaccessible and no longer retained by the courts or government agencies in Massachusetts. When a record is expunged, the state is required to inform the Department of Justice of the expungement to remove the record from a person’s federal background check. Once a record is expunged, the person may answer under oath that they have no prior criminal court appearances, convictions or arrests.
Adult and juvenile criminal convictions may qualify for expungement under specific conditions. Depending on the other factors involved, a conviction could be expunged upon completion of any period of incarceration or probation, or upon the case’s resolution.
Expungement involves the complete erasure or destruction of a criminal record, making it appear as if the offense never occurred. Sealing a record removes a record from public accessibility. Most cases fall into two different categories of expungement: time-based and reason-based.
Time-Based Expungement: An adult criminal record or juvenile record, including convictions, may be expunged if a person meets specific criteria, including:
- The offense(s) resulting in the record is not a criminal offense included in section Massachusetts General Laws chapter 276, sec. 100J;
- A person has no more than two records on file with the Commissioner of Probation
- For the purposes of expungement, multiple offenses arising out of the same incident are considered a single record.
- The date(s) of offense(s) occurred before the person’s 21st birthday;
- At least seven years have passed after a felony offense (beginning from the latest of: conviction, period of incarceration, custody or probation)
- At least three years have passed after a misdemeanor offense (beginning from the latest of: conviction, period of incarceration, custody or probation)
- Aside from the offense(s) subject to expungement, a person has no other criminal court appearances, juvenile court appearances or dispositions on file with the Massachusetts commissioner of probation (motor vehicle offenses in which the penalty did not exceed a fine of $50 do not count)
- Aside from the offense(s) subject to expungement, a person has no other criminal court appearances, juvenile court appearances or dispositions on file in any other state, or in a court of federal jurisdiction (motor vehicle offenses in which the penalty did not exceed a fine of $50 do not count)
- The person certifies that to the best of the person’s knowledge, the person is not currently under investigation by any criminal justice agency.
- Expungement is in the best interest of justice
Reason-Based Expungement: Any adult or juvenile criminal records, including convictions, may be expunged at any time if a court finds clear and convincing evidence that a person’s record was created as a result of one of six factors, and expungement is in the best interest of justice:
(1) The record was created due to a false identification of the person.
(2) The offense that is no longer a crime (e.g., marijuana possession).
(3) The record was created due to demonstrable errors by law enforcement.
(4) The record was created due to demonstrable errors by civilians or expert witnesses.
(5) The record was created due to demonstrable errors by court employees.
(6) The record was created due to demonstrable fraud perpetrated upon the court.
What Crimes Cannot Be Expunged In Massachusetts?
Under reason-based expungement, any crime can be expunged if a petitioner meets the criteria and expungement is in the best interests of justice.
For time-based expungement, certain criminal offenses are prohibited from expungement by statute, General Laws chapter 276, § 100J. These include:
- Offenses that result in death or serious bodily injury, or were committed with intent to cause death or serious bodily injury
- Offenses committed while armed with a dangerous weapon
- Offenses against an elderly or disabled person
- Certain sex offenses, including sexually violent offenses
- Any sex offense involving a child
- Offenses under c. 90, § 24 (e.g., operating under the influence of alcohol)
- Certain firearms offenses
- Restraining order violations
- Assault and battery on a family household member
- Any felony offense listed under Mass. General Laws ch. 265
What Is Sealing In Massachusetts?
A sealed record is not accessible to public searches. For the differences between sealing a conviction under Section 100A and sealing a dismissal or nolle prosequi under Section 100C, please see below:
Sealing a Conviction under c. 276, sec. 100A.
- People generally wait a certain period before they can apply to seal a conviction: three years for a misdemeanor and seven years for a felony, counted from the date of conviction or release from jail or prison.
Sealing an Acquittal under c. 276, sec. 100C.
- Beginning in 2023, a person whose case ends in a not guilty verdict is automatically sealed following the verdict, unless the person requests that the case not be sealed within ten days of the verdict.
- For cases that end in a not guilty verdict prior to 2023, a person can request that the Court where the case was tried automatically seal the case.
Sealing a Dismissal or Nolle Prosequi under c. 276, sec. 100C.
- When cases that were dismissed or ended in a nolle prosequi (a formal notice of abandonment by the prosecutor), there is usually no waiting period to seal a record after the case has been dismissed or nolle prosequi has been declared.
What Is The Difference Between Expungement And Record Sealing In Massachusetts?
The primary difference between these two processes is the access that people have to the records. Sealing your record makes it inaccessible to the public. Both state and federal law enforcement, the court system, and certain employers, such as those that work with the elderly, disabled, or children, may still be able access a sealed record. Expunging your record means that the record is destroyed, making it completely inaccessible.
Our lawyers can determine if your record qualifies for expungement or sealing and help you seek a positive outcome.
Contact Us Today
Call 617-404-9683 or email us to book a consultation and begin the process of clearing your record.