Guide to Getting Criminal Records Expunged in Massachusetts

 

If you or a loved one has a criminal record due to being arrested and charged with a crime in the state of Massachusetts, it can become a major roadblock to leading a normal life. Simply having a record can seriously hurt your ability to get a job, find housing, receive loans or credit, and even qualify for certain licenses. Worse yet, unlike the other penalties associated with criminal charges, such as jail time, fines, or probation, documentation of your criminal activities on your record doesn’t always go away over time. Every time someone does a background check on you, the information is right there for them to see.

 

Thankfully, the United States federal government had the foresight to envision this being a potential problem and adopted a process called expungement that allows certain people who commit specific crimes to have any documentation related to those crimes removed from their criminal record. This way, when you go in for that big job interview or apply for your next credit card, no one will see anything about your arrest and you will be much more likely to get what you need.

 

The way that each state handles expungement is different, and since the ability to erase criminal records is seen as a privilege rather than a right, a few states don’t allow the process at all, but Massachusetts is not one of those states.

 

What kinds of cases are able to be expunged in Massachusetts?

 

The Massachusetts system for expungement is an interesting one. Certain specific adult cases will be immediately sealed, such as any cases where criminal charges are dismissed or the accused is acquitted. For other adult crimes, the court has designated waiting periods from 10 years to 15 years.

 

For juveniles, Massachusetts handles things a bit differently. Under Massachusetts Law 276-100B, at least three years must pass before juvenile records may be sealed, and only then if they qualify. In order for a juvenile to qualify for expungement, he or she must not be guilty of any other crimes or have an adjudication of delinquency throughout that 3-year period.

 

Records typically cannot be sealed if the offense in question involved controlled substances, even if the request for expungement is made many years after the individual completed his or her sentence. However, there are some exceptions to this rule, and section 34 details eligibility for expungement when controlled substances are involved.

 

Reasons for expungement include when an acquittal occurs in the case, when the crime is dismissed, or when there is a nolle prosses indictment. In these cases, all official documentation that relate to the arrest, conviction, indictment, continuance, or discharge will be ordered sealed by the court. In this way, police and any other law enforcement agencies will be able to view the records if they need to, but access by the general public will not be allowed for any reason.

 

Other types of crimes, cases, and situations that may be eligible for expungement include:

 

• Specific erroneous felony offenses as outlined by section 258D
• Misdemeanors that occur at least 10 years prior to the request, where the individual has a record of criminal court appearances and dispositions
• Felonies that occur at least 15 years prior to the request, where the individual has a record of criminal court appearances and dispositions
• For at least 10 years prior to the request, the person hasn’t been found guilty of any criminal offenses (excluding those motor vehicle offenses with a punishment of less than $50)
• The individual has received no convictions for criminal offenses in other states, and at no point in the past 10 years was imprisoned in another county or state
• There have been no convictions for offenses in a different section of the law (e.g. unlawful possession of firearms or unlawful firearm sales)

 

What happens in Massachusetts if a record is expunged?

 

For juvenile offenders, after records have been sealed away, it will be impossible for anyone in the public to use those records against them for the rest of their lives in regards to things like applying for a job or line of credit. The records can be used by the court, however, if the individual has any criminal proceedings in the future. If this occurs, the expunged records will be counted as priors and can mean that the individual will face harsher punishments than if this was truly their first offense.

 

Another type of “expungement” for Massachusetts juveniles is to receive a pardon from the governor for their offenses. For this to occur, the governor would need to approve a petition for pardoning in regards to the individual. Once this happens, the governor will make a request stating that all officers should seal any of the juvenile’s records that relate to the offense. Just like after a normal expungement, pardoning will give the juvenile the ability to apply for jobs, housing, credit, and financial aid without revealing their past arrest. It is also impossible to use pardoned records in a hearing before any agency, board, or commission except if the juvenile is being charged in a subsequent sentence.

 

Not only will no one be able to see your records after a Massachusetts expungement or pardon, you’ll have the legal ability to say that no records ever existed. It should be noted, however, that if the person whose records have been expunged is later found guilty of a similar crime, his or her probation officer will be provided with the expunged records unless there is a not guilty verdict, a no bill verdict, or a verdict of no probable cause.