Massachusetts Petition for Expungement of Record in Case of Acquittal and Release without Conviction

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Multi-State
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US-02243BG
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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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FAQ

To expunge a Massachusetts criminal case, you must show that some serious error or fraud has led to you being incorrectly identified as the the accused person. This is different from being not guilty of an accusation. This means that the court has mistaken you as the person that should be charged with a crime.

As discussed below, expunging or sealing a Massachusetts criminal record is a powerful and effective way to preserve your future after a Massachusetts criminal case is dismissed, continued without a finding ("CWOF") or even if you plead or are found guilty of a Massachusetts misdemeanor or felony.

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.

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.

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.

There is no fee to request to seal your criminal record.

But this is not the case; if you are convicted of a crime in Boston or elsewhere in Massachusetts, the crime will stay on your permanent criminal record?and therefore be accessible to anyone who looks it up, such as a prospective employer?for life.

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Massachusetts Petition for Expungement of Record in Case of Acquittal and Release without Conviction