Massachusetts Legal Developments Blog

Erasing a Criminal Record

Everyone has parts of their past that they regret, but for some that past involves a crime. Even when a person has left the errors of their youth behind them, a criminal record can follow them for years and years.

Common Stigmas for Past Crimes

Those who have a criminal record face a number of societal stigmas. For job seekers, it is particularly challenging to find good positions with a criminal record. Most potential employers ask about past crimes or conduct a criminal background search. It may be difficult to explain a past criminal record, or potential employers may pass on such employees altogether.

In addition to job challenges, there are other instances where people with criminal records face judgment or stigma. A criminal record may prevent people from joining community service groups or other organizations. In some instances, a criminal record may even dictate where a person can live.

Petitioning to Have Your Criminal Records Sealed

For some people, asking the state to seal the criminal records of their conviction is an option. If your criminal records are sealed they will not be available to the public, and you will not have to disclose the fact of your criminal conviction under most circumstances. The circumstances under which your criminal records may be sealed will depend on the nature of your crime and the amount of time that has passed since your conviction.

  • Misdemeanor offenses - You may petition to have your criminal records sealed after five years from the time of your misdemeanor offense, including any time for which you were incarcerated. To qualify you must not have committed any other crime during the five year period.

  • Felony offenses - You may petition to have your criminal records sealed after ten years from the time of your felony offense, including any time for which you were incarcerated. As with sealing the records of a misdemeanor offense, you must not have been found guilty of any crimes during the ten year period.

  • Sex offenses - You may petition to have your criminal records sealed after fifteen years from the time of your sex offense, including any time for which you were incarcerated. However, if you have been classified as a level two or level three sex offender, you may not have your records sealed. As above, you must not have committed any other crimes during the fifteen year period.

  • Offenses no longer considered criminal - If you are convicted of a crime that is later decriminalized, you may petition right way to have your criminal records sealed.

It is important to note that some offenses are not eligible for sealing, no matter how long it has been since your conviction. For example, certain crimes related to the possession or sale of firearms may not be sealed.

Get Help Sealing Your Criminal Records

If you possess a criminal record and have an interest in getting your criminal record sealed, you should speak with an experienced criminal defense attorney. Contact Edward R. Molari, Attorney at Law, today for a confidential consultation.

See Related Posts:

MASSACHUSETTS STATUTE ON SEALING CRIMINAL RECORDS

MASSACHUSETTS MAKING STEADY PROGRESS IN REFORMING MANDATORY MINIMUMS