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Expungement Laws in Massachusetts Updated in October 2018

Criminal Defense Blog 2018 October Expungement Laws in Massachusetts Updated in October 2018
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Expungement Laws in Massachusetts Updated in October 2018

Posted By South Shore Criminal Defense || 22-Oct-2018

Expungement is an important criminal process in Massachusetts that allows the erasure, concealment, or otherwise removal of parts or all of someone’s criminal record after they have been charged or convicted of a crime. Due to the usefulness and power of a successful expungement, it has been notoriously difficult to actually be approved. Thankfully, in October 2018, new Massachusetts laws were enacted to change the expungement process in ways that largely benefit the accused or convicted.

Changes to Record Sealing in Massachusetts

In the past, you would have to wait a full 10 years after completing all sentencing requirements to attempt to have a felony record sealed. After the legal updates, the waiting period has been reduced to 7 years. The waiting period for misdemeanor record sealing has also been reduced to 3 years, down from 5 years. Furthermore, convictions for the crime of resisting arrest is also now eligible for sealing under correct circumstances.

Updating Massachusetts’ Expungement Laws

The legislative updates have also modified the expungement process in Massachusetts. Expungement is to be considered the “permanent erasure or destruction” of a criminal record, rendering it completely un-viewable by any and all interested parties or governmental agencies. Before the expungement is carried out, an overseeing judge is required to decide if the expungement will interfere with “the interests of justice.”

The eligibility requirements for expungement have also been updated to exclude 21 different categories of offenses that are ineligible for expungement under all circumstances. The offense categories listed pertain to any criminal violation that causes death or serious injury, the intentional use of a dangerous weapon during the course of a crime, and many sex crimes. The same reduced waiting periods for record sealing — now 7 years for felonies and 3 years for misdemeanors — also apply to expungement requirements. Lastly, the new changes to the state’s expungement laws allow for the expungement of any criminal record that occurred due to certain clerical errors, or known fraud.

Do you have more questions about using expungement in Massachusetts? You should not hesitate to contact South Shore Criminal Defense and our team of attorneys in Brockton. With our help, you may be able to utilize expungement or record sealing to give yourself a clean slate in the future. Dial 617.231.7107 to schedule your free consultation today!

Categories: Expungement

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