Automatic Nondisclosure For First-time Misdemeanors In Massachusetts
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FAQ
Convictions for Class C and Class D felonies and certain drug offenses are eligible for sealing after completion of sentence and payment of court costs; misdemeanors and infractions are eligible for sealing after completion of sentence.
Sealing conviction records You can ask to seal a criminal record under these circumstances: Misdemeanor — 3 years after you were found guilty or after any jail or prison time, whichever date is later. Felony — 7 years after you were found guilty or after any jail or prison time, whichever date is later.
If you have your record sealed there will no longer be any record or entry on your CORI report for the particular case or offense that has been sealed. This means that employers or anyone else who may run a background check on you would not see any record that you were ever charged with a crime.
Misdemeanors are reportable for five years, while felonies are reportable for ten years—determined by the disposition date or incarceration date (whichever is later). Not-guilty findings by reason of insanity are also reportable for ten years.
However, some types of convictions cannot be sealed. Some firearms offenses (i.e., sale of firearms or ammunition without a license), crimes against the public (i.e., witness intimidation, perjury, resisting arrest), and violations of the State Ethics Act will not be sealed.
You can ask to seal a criminal record under these circumstances: Misdemeanor — 3 years after you were found guilty or after any jail or prison time, whichever date is later. Felony — 7 years after you were found guilty or after any jail or prison time, whichever date is later.
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
If the offense is a felony, you must have completed all parts of your sentence at least 7 years ago. If the offense is a misdemeanor, you must have completed all parts of your sentence at least 3 years ago.
Massachusetts Laws and Penalties A misdemeanor can result in jail time in this state, but not always. With the help of an attorney, you may be able to strike a deal with the prosecutor for some misdemeanors that involve fines, time in treatment, probation, or community service. If not, you face up to a year in jail.
