Massachusetts Motion for New Trial for Purpose of Expunging Criminal Record

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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

Before turning 18, arrest and delinquency adjudication records are typically kept by the courts and remain there until turning 21. Certain circumstances allow for a juvenile record to be expunged. However, a juvenile record may become part of an adult criminal record in other situations.

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.

A driving record in Massachusetts is not eligible to be sealed or expunged.

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.

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.

For misdemeanors, such as First and Second Offense DUI, the Massachusetts statute of limitations is 6 years. The statute of limitations for felony charges ranges from 6 years to more depending on the severity offense.

Massachusetts is one of the strictest states when it comes to DUI laws and penalties. Unlike some states, Massachusetts never scrubs DUIs off a person's record. It will stay on record for life.

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.

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Massachusetts Motion for New Trial for Purpose of Expunging Criminal Record