Massachusetts Guide to Public Access, Sealing, and Expungement of District Court Records
The Massachusetts Guide to Public Access, Sealing, and Expungement of District Court Records is a comprehensive resource designed to help individuals navigate their rights concerning access to court records. This guide outlines the legal principles that govern public access to court documents and records in Massachusetts, and clarifies the procedures involved in sealing or expunging criminal records.
Completing the necessary forms to access, seal, or expunge court records in Massachusetts involves several steps:
- Identify the form: Depending on your specific needs, find the relevant form from the state's official resources or legal aid websites.
- Gather essential information: Ensure you have your full name, case number, and other relevant details related to your court case.
- Fill out the form: Provide accurate information in the required fields. Double-check for any errors.
- Submit the form: Follow submission guidelines, whether online or by mail, and ensure you retain copies for your records.
This guide is beneficial for:
- Individuals seeking to understand their rights regarding access to their court records.
- People with sealed or expunged records who wish to learn about the implications.
- Attorneys helping clients navigate the process of public records and sealing laws.
- Anyone involved in legal proceedings in Massachusetts who requires clarity on record accessibility.
The principles governing public access to court records in Massachusetts are shaped by both constitutional and statutory laws. These laws state that court records are generally accessible to the public, although certain records may be sealed or impounded under specific circumstances. It is essential to comprehend the legal framework that necessitates public access, as well as the exceptions that might apply based on the nature of the case.
This guide includes vital information about:
- The various types of court records available to the public.
- Procedures for sealing and expunging records.
- Requirements for accessing audio recordings and other files.
- Legal principles defining public rights regarding court documentation.
When navigating the process of accessing or sealing court records, individuals should be cautious of these common pitfalls:
- Submitting incomplete forms, which can delay the process.
- Failing to understand the specific seals or expungements that apply to their records.
- Ignoring deadlines for submitting requests.
- Overlooking the necessity of providing supporting documentation where required.
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FAQ
Online expungement is only available through Maryland expungement.com and not offered by a State or government website. This legal expungement service is particularly convenient for individuals who don't want to have to travel to the courthouse, obtain all the paperwork, drive home.
Will my sealed criminal records show up on a background check? Sealed convictions should not show up on any background check run by an employer or licensing agency, unless you are applying for a job as a police officer or a peace officer or you are applying for gun license.
Most Massachusetts criminal records can be sealed in one or two ways. Most cases can be sealed by mailing in a form to the Commissioner of Probation after a waiting period. The waiting period is shorter than it was before and is now 3 years for a misdemeanor and 7 years for a felony.
Depending on the conviction and the amount of time that has passed, you may be eligible to expunge your criminal record.If you wish to make an appointment or speak with someone regarding sealing or expunging a record or have questions for the Records Unit, please call (617) 557-0225.
Expungement means records of the case in Massachusetts are destroyed and are no longer available. Massachusetts has new expungement laws as a result of recent criminal justice reform in 2018. There are two categories of expungement: Juvenile and under age 21 expungement of a first and only case.
Most Massachusetts criminal records can be sealed in one or two ways. Most cases can be sealed by mailing in a form to the Commissioner of Probation after a waiting period. The waiting period is shorter than it was before and is now 3 years for a misdemeanor and 7 years for a felony.
In the United States, certain types of criminal records can be expunged or sealed by a judge or court.In contrast, sealing removes a person's criminal record from public view, but it can still be accessed through a court order. Most states provide some form of expungement or sealing for certain types of records.
A Note on Arizona, California, and Nebraska. In addition to the eight states that do not allow for criminal records to be cleared, another three states did not make the final ranking: Arizona, California, and Nebraska. Each of these states has statutes on clearing records for certain offenses.
Some felonies are almost never eligible for expungement. These generally include murder, serious violent crimes, and sex crimes involving children. In many cases, there is a waiting period to expunge a conviction. There may be other requirements, as well.