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Motion to Expunge Criminal Offender Record due to Charges having been...

Massachusetts Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

Q: How can I get my record expunged for free in Massachusetts?

It&#039;s not the same as having a record sealed. To expunge your record, you&#039;ll need to fill out the Petition to Expunge Form. If you want, you can also provide additional information to support your petition. The process is free.

Q: Can a dismissed case be expunged in Massachusetts?

Sealing of dismissals and dismissed CWOF&#039;s can occur via the Department of Probation after three years for misdemeanors or seven years for felonies, as discussed above. So, dismissed Massachusetts criminal cases can be sealed by a judge immediately upon dismissal.

Category:

Criminal - Motions

State:

Multi-State

Control #:

US-02241BG

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Instant download

Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.

All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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How to fill out Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

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FAQ

Massachusetts offers individuals the option to seal their criminal records or, in some very limited circumstances, expunge their criminal records. Generally, sealing your criminal record will not restore your right to possess a firearm or help you obtain a firearms license.

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. If you want, you can also provide additional information to support your petition. The process is free.

Sealing of dismissals and dismissed CWOF's can occur via the Department of Probation after three years for misdemeanors or seven years for felonies, as discussed above. So, dismissed Massachusetts criminal cases can be sealed by a judge immediately upon dismissal.

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.

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.

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.

A criminal conviction, even just a charge, keeps people from jobs, housing, education, and occupational licenses years after any sentence. The Massachusetts legislature recognized this in 2018 by shortening waiting periods to ?seal? old criminal records, but the sealing process is complicated and confusing.

In order to get an expungement, you must demonstrate to the judge that the court record was created because of one of these reasons and that expunging the record would be in the interests of justice. In order to begin the process, you will need to complete a petition for expungement form which can be found online.

Massachusetts Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Massachusetts Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

Description

Related forms

Viewed forms

How to fill out Motion To Expunge Criminal Offender Record Due To Charges Having Been Dismissed?

Form popularity

FAQ

Can you get a gun license in Massachusetts with a sealed record?

How can I get my record expunged for free in Massachusetts?

Can a dismissed case be expunged in Massachusetts?

What crimes Cannot be sealed in Massachusetts?

What criminal records can be sealed in Massachusetts?

Does a sealed record appear on a background check Massachusetts?

Does Massachusetts have a clean slate law?

What is the process of expungement in Massachusetts?

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