Massachusetts Affidavit in Support of Motion to Order Expungement of Criminal Record

State:
Multi-State
Control #:
US-02246BG
Format:
Word; 
Rich Text
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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

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.

Massachusetts allows expungement in two circumstances: For felonies older than seven years, or misdemeanors older than three years, expungement may be available if: You have no more than 2 (two) separate criminal cases on your record. Multiple offenses arising out of the same incident are a single offense.

Can You Get a DUI Expunged in Massachusetts? A DUI expungement is next to impossible in Massachusetts. In fact, the state doesn't offer expungement of criminal records in most cases.

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.

In cases where you were found not guilty or your charges were dismissed, you can ask a judge to seal the record immediately without a waiting period. This, however, requires filing a petition with the district court where you were charged. If, for some reason, the judge does not oblige your request, you may file again.

Time Based Expungement To allow people who were charged at a young age, with a less serious offense, the chance to wipe their record clean. It is called time based expungement because you must wait a certain period of time after the disposition of the case to file.

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

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Massachusetts Affidavit in Support of Motion to Order Expungement of Criminal Record