Arrest Without Conviction In Massachusetts

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Multi-State
Control #:
US-000280
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Word; 
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Description

The 'Arrest Without Conviction in Massachusetts' form is designed to assist individuals seeking to clear their records after an arrest that did not result in a conviction. This form provides a clear mechanism for individuals to formally request the sealing of their criminal record due to wrongful arrest. Key features of the form include sections to detail the arrest, personal information about the individual making the request, and a formal request for the sealing of public records. Filling out the form requires accurate completion of personal details, specifics about the arrest, and a signed declaration affirming the information is truthful. It is essential for users to retain copies of submitted documents for their records. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who represent clients affected by wrongful arrests. They can utilize this form to help clients restore their reputations and mitigate the negative impacts of arrest record visibility. The form is structured to be straightforward, promoting accessibility for individuals with varying levels of legal expertise, thus ensuring users can effectively navigate the sealing process.
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FAQ

3 A finding of “non-conviction” means any final disposition that does not result in conviction (i.e. findings of not. guilty or continued without a finding, followed by dismissal, are considered “non-convictions”)

A fingerprint-supported criminal record check returns information on arrests made in Massachusetts and possibly in other states.

Conditional Discharge - Non-conviction: The defendant has no finding of guilt. The court is discharging him/her from trial on special conditions that they must abide by. If they do not abide by these conditions, the discharge may be revoked and the finding may become guilty.

To be eligible for expungement, the conviction cannot be one of the exempted crimes listed by law, which include crimes: resulting in death or serious bodily injury; committed with the intent to cause death or serious bodily injury; committed while armed with a dangerous weapon;

3 A finding of “non-conviction” means any final disposition that does not result in conviction (i.e. findings of not. guilty or continued without a finding, followed by dismissal, are considered “non-convictions”)

If you have not been convicted of a crime (i.e. your case ended with a finding of not guilty, a dismissal, a finding of no probable cause, or a nolle prosequi), there is no waiting period, but you must file a motion to seal the records. The district court motion form can be found here.

Expungement means your records are destroyed, as opposed to sealing which limits access to them.

Parties such as potential landlords, employers, or other entities performing background checks will not be able to determine that you have a criminal history if your CORI is sealed. Only certain public safety employers and law enforcement agencies will have special access to the case.

Public Health Institute of Western Massachusetts is co-coordinator of Clean Slate Massachusetts, a statewide coalition working to pass legislation that would ensure that people who were formerly involved in the criminal legal system will get a “clean slate” by having their criminal record (CORI) automatically sealed ...

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Arrest Without Conviction In Massachusetts