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.
A Massachusetts Motion for New Trial for the Purpose of Expunging a Criminal Record is a legal procedure that allows individuals convicted of certain offenses to seek the removal or sealing of their criminal records. Massachusetts offers several types of motions for new trial, each with its own set of conditions and requirements for expungement eligibility. One type of Motion for New Trial in Massachusetts is the General Motion for New Trial. This motion can be filed within a specific timeframe (usually within 30 days after the verdict or sentence) and aims to present new evidence or argue that legal errors occurred during the trial, leading to an unfair conviction. Convicted individuals may utilize this motion to bring attention to any evidence that may warrant a new trial and, subsequently, expunge their criminal record. Another Massachusetts Motion for New Trial is the Motion for a New Trial Based on Newly Discovered Evidence. As the name suggests, this motion seeks to introduce compelling evidence that was unknown or unavailable during the original trial but has the potential to prove the individual's innocence or cast doubt on their guilt. If successful, this motion may lead to the expungement of their criminal record. Additionally, Massachusetts recognizes the Motion for New Trial Due to Ineffective Assistance of Counsel. This type of motion alleges that the individual's legal representation during the original trial was inadequate and, as a result, their constitutional right to effective counsel was violated. If the court finds merit in this claim, the motion may be granted, and the criminal record could be expunged. It is important to note that expungement in Massachusetts is not automatic or guaranteed. The court has the discretion to grant or deny a motion for new trial and expungement based on the merits of each case. Individuals seeking expungement must meet specific criteria, such as completing their sentence, adhering to any probationary terms, and demonstrating rehabilitation or good conduct. In summary, a Massachusetts Motion for New Trial for the Purpose of Expunging a Criminal Record involves filing a legal motion with the aim of obtaining a new trial and subsequently expunging or sealing a criminal record. The state offers different types of motions, such as the General Motion for New Trial, Motion for a New Trial Based on Newly Discovered Evidence, and Motion for New Trial Due to Ineffective Assistance of Counsel. Each motion has its own conditions, requirements, and criteria for eligibility, and ultimately, the decision to expunge a criminal record lies in the hands of the court.
