Massachusetts Petition To Seal Record(s)

State:
Massachusetts
Control #:
MA-SKU-0956
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PDF
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Description

Petition To Seal Record(s)

A Massachusetts Petition To Seal Record(s) is a legal document that can be used to ask the court to seal one's criminal record in the state of Massachusetts. The sealing of records means that the criminal record is not available to the public and cannot be seen by potential employers or landlords. There are three types of Massachusetts Petitions To Seal Record(s): (1) a Petition to Seal Criminal Record for Deferred Sentences; (2) a Petition to Seal Criminal Record for Dismissed Charges; and (3) a Petition to Seal Criminal Record for Convictions. In order to be successful, the petitioner must meet certain requirements, such as having a clean criminal record for a certain period of time, having paid any outstanding fines, and having complied with all terms of the sentence.

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FAQ

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 questions about your criminal record and what employers may have access to, please call us and we can advise you on whether you should try to seal your record. ?Sealing? a record means removing public access to the record; but certain entities may still be able to see that the record exists.

What convictions show up on a Massachusetts CORI report? All murder, manslaughter, and sex offense convictions. Any misdemeanor convictions that occurred within the last 5 years or for which the applicant was incarcerated within the last 5 years. CWOFs are NOT convictions for purposes of this law.

What you need. Having a criminal record expunged means that the record will be permanently destroyed so that it's no longer accessible by the court or any other state, municipal, or county agencies. It's not the same as having a record sealed. To expunge your record, you'll need to fill out the Petition to Expunge Form

The charge cannot be within one of several categories that are ineligible for expungement (such as a sex offense, an offense against an elderly or disabled person, violation of a restraining order, and operating under the influence).

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.

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.

Once your Massachusetts criminal record is sealed, only law enforcement will continue to have access to your sealed record. In very limited cases, the state, or a town or city, can have access to your sealed record if you apply for a license to carry a firearm.

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Massachusetts Petition To Seal Record(s)