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!