Massachusetts Motion and Order to Seal Criminal Records

State:
Massachusetts
Control #:
MA-EXPCRI-02
Format:
PDF
35 downloads

What this document covers

The Massachusetts Motion and Order to Seal Criminal Records is an official legal document used to request the sealing of criminal records in Massachusetts. This form is specifically designed for individuals whose criminal charges have been resolved in a way that allows for sealing, such as a not guilty finding, dismissal, or other specified outcomes. It serves to protect personal privacy and often facilitates reintegration into society by limiting access to past criminal records.

Key parts of this document

  • Defendant's name and court division information.
  • Docket number for the related criminal charges.
  • The specific termination result of the criminal charges (e.g., not guilty, dismissal).
  • A section for the petitioner to provide reasons for requesting the sealing of records.
  • Judicial orders after preliminary and final hearings to determine the fate of the motion.

When to use this form

This form is utilized when an individual wishes to have their criminal records sealed to prevent public access. Scenarios where this may be applicable include after being acquitted of charges, when a judge dismisses the charges, or when a prosecutor has dropped charges. Sealing records can be beneficial for job applications, housing opportunities, or simply to maintain personal privacy after legal proceedings have concluded.

Who needs this form

  • Individuals who have had criminal charges dismissed without probation.
  • Defendants who were found not guilty of the charges against them.
  • Individuals whose cases were nolle prosequi (dismissed by the prosecutor).
  • Any person seeking to protect their privacy by sealing their criminal records in Massachusetts.

How to complete this form

  • Enter your name and the specific court division where your case was heard.
  • Fill in the docket number associated with the criminal charges.
  • Select the appropriate outcome of your criminal charges from the provided options.
  • Provide detailed reasons for requesting to seal your records in the designated section.
  • Date the form and sign it under the penalties of perjury.

Notarization requirements for this form

This form does not typically require notarization unless specified by local law. However, it is important to review local regulations to confirm specific requirements in your jurisdiction.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

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We protect your documents and personal data by following strict security and privacy standards.

Typical mistakes to avoid

  • Failing to provide accurate docket numbers or court division details.
  • Not selecting the correct outcome related to the criminal charges.
  • Missing signatures or dates on the form before submission.
  • Not including sufficient reasons for sealing records, which could lead to denial of the motion.

Benefits of completing this form online

  • Convenient access to legal forms from anywhere at any time.
  • Editable templates that allow for easy customization to fit specific legal needs.
  • Reliable and up-to-date legal information ensuring compliance with current laws.

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FAQ

Most criminal records can be sealed by mail after a waiting period. Some cases can be sealed by in court, without a waiting period or by mail.

Some firearms offenses, like selling ammunition or a gun without a firearms license, or buying a gun from an unlicensed dealer. ( Crimes against the Public, like resisting arrest, perjury, witness intimidation, or aiding escape from jail. ( State Ethics Act violations like bribes to public officials. (

Some Massachusetts criminal records can be sealed. If they are sealed, most employers and housing providers will not be able to see them when they do a CORI check. You also do not have to tell an employer or housing provider about any criminal record that has been sealed.

(1) A sealed record must not be unsealed except on order of the court. (2) A party or member of the public may move, apply, or petition, or the court on its own motion may move, to unseal a record.

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.

Sealing a record means that it is hidden from the public. Federal authorities and law enforcement can still view sealed records. This includes the FBI and the U.S. Citizenship and Immigration Services (USCIS).Any prior criminal records must still be disclosed on immigration applications.

Can I get my record sealed? 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.

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Massachusetts Motion and Order to Seal Criminal Records