Massachusetts Motion To Seal Juvenile Records

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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Records of the court in cases of delinquency shall be withheld from public inspection except with the consent of a justice of the court. MASS. GEN. LAWS ch.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

Pursuant to the state's public record laws, interested members of the public may access Massachusetts criminal court records provided they are not confidential and the requestor meets any indicated eligibility requirements.

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.

For juvenile court records, they are only available upon the consent of a Court Justice ing to the Massachusetts General laws chapter 119 subsection 60.

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

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.

In Massachusetts, children between the ages of 12 and 18 may be arrested, charged in court, removed from their homes, and confined in secure, locked facilities.

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Massachusetts Motion To Seal Juvenile Records