Can I expunge my criminal record? – for many people the answer is now “YES!” In April of this year, Governor Baker signed into law the 2018 Crime Bill which, in part, allows for the first time in Massachusetts circumstances in which a court of law can expunge a prior record. You have always had the ability to petition the court to have your criminal record “sealed”, preventing anyone from reviewing the record without a court order. However, only recently has Massachusetts allowed those with criminal records to petition the court for “expungement” — the permanent erasure or destruction of a record so that it is no longer accessible.
For adjudicated juvenile delinquents, a form may be submitted requesting that the commissioner expunge the criminal record. The commissioner will determine the petitioner’s eligibility for expungement within 60 days of receiving the request. The district attorney may file an objection within 60 days of the petition’s receipt, in which case a hearing will be conducted on the petition, and the court will either grant or deny the request.
Adults with a record of conviction may similarly petition the commissioner for expungement, and the commissioner will determine eligibility. The criteria for being eligible for expungement is as follows:
- The offense must not have been of a criminal nature
- The offense occurred before the petitioner’s twenty-first birthday
- The offense occurred no less than 7 years before the petition was filed in cases of felony, and not less than 3 years in cases of misdemeanor
- The petitioner has no other criminal court appearances, juvenile court appearances, or dispositions on file with the commissioner
- The petition includes a certification by the petitioner that the petitioner is not currently the subject of active criminal investigation
- The offense must not have been committed with the intent to cause death or serious bodily injury or have resulted in death or serious bodily injury.
- The offense must not have been committed while armed with a dangerous weapon.
- The offense must not have been committed against an elderly person.
- The offense must not have resulted in an OUI or negligent operation of a vehicle
- The offense must not be a felony against another person
- The offense must not involve assault and battery, a firearm charge, harassment, or assault and battery.
The record may also be expunged if the court finds, based on clear and convincing evidence, that the record was created as a result of: false identification, demonstrable errors by law enforcement, civilian or expert witnesses, court employees, or fraud perpetrated by the court.
For both adults and juveniles, any petitioner whose case ended in dismissal may also be eligible for expungement.
One of the reasons many people seek expungement is because a prospective employer has requested information on prior arrests or convictions. If a record has been successfully expunged, job applicants may answer “no record” with respect to any inquiries requiring prior arrests.
The Crime Bill allowing for this new avenue of addressing prior criminal convictions or entries onto a criminal record came into law in 2018 and are still being litigated to determine the breadth of its applicability. The ability to expunge a record or entry therein is limited, but despite the limitations within that context, there you may still be eligible to seal your record and accomplish your intended goal.
If you have questions about how to get your record expunged, or find out if you’re eligible for expungement or sealing of your criminal record, contact Criminal Lawyer Kristen Bonavita at 978-376-6746.