If you have a criminal record, you know how much it can impact your life. From employment opportunities to access to housing, acceptance to trade schools or college, and even personal relationships, so many of the difficulties in your life are a result of your criminal charge or conviction.
You’ve served your time in Massachusetts, and now you want to move on without the weight of your criminal record. In many cases, you don’t need to carry your criminal record forever. If you meet certain requirements, the Massachusetts criminal justice system may allow you to have your criminal record cleared. Whether your case was recently dismissed or happened years ago, you may have options.
Learning more about the requirements and processes for sealing or expunging a criminal record can help you determine your eligibility and next steps. Massachusetts laws around expungement of criminal records can be difficult to understand, and meeting with an experienced criminal law attorney is the best way to understand your options.
What is the Difference Between Sealing and Expunging a Criminal Record?
In Massachusetts, there is a difference between sealing a criminal record and expunging a criminal record. Sealing a criminal record limits who can see the criminal records. The record will no longer be available to the general public, including potential employers or landlords.
But the criminal record is still visible in law enforcement databases. Expungement differs in that the criminal record is completely erased from all databases, including those accessible by law enforcement agencies.
What’s the Waiting Period to Seal or Expunge a Criminal Record?
In many cases, you can file a request for sealing or expunging your criminal charges (including dismissal and not guilty findings) or conviction with a Massachusetts court. When you are eligible to file will depend on the nature of your crime.
Filing timelines aren’t the same for felonies as they are for misdemeanors. Massachusetts law requires a 3-year waiting period for misdemeanors and a 7-year waiting period for felonies.
Taken into consideration will also be where you are in your sentence. The clock for the waiting period starts the day you complete every part of your sentence. For example, if you were serving prison time and that was the end of your sentence (no probation after getting out), your 3-year or 7-year clock starts immediately. If you have prison time and probation, your clock won’t start when you are released from prison; your clock will start the day you finish probation.
For non-conviction records, like dismissals or not guilty findings, you may be eligible to seal your record of criminal charges immediately. Certain juvenile offenses and those committed before the age of 21 may be eligible for expungement without a waiting period, depending on the specific circumstances.
Who Qualifies for Record Sealing or Expungement?
Not every criminal record is eligible for sealing or expungement. Massachusetts has set criteria, and eligibility often depends on the type of offense and your record since the conviction. Sealing your record and expunging your record are two different things that have their own requirements.
To seal your record, you must:
- Complete the waiting period (3 or 7 years) without new criminal charges
- Have pending criminal cases
- File a petition to the court with the required documentation
In Expungement, there are stricter rules. It’s available in situations like:
- Identity theft or other types of fraud
- Errors made by law enforcement or the court
- Certain offenses committed before age 21 with no other adult charges
Many cases do not qualify for expungement in Massachusetts; these include:
- Violent crimes
- Sex offenses
- Crimes involving firearms
Step-by-Step: How to Clear Your Criminal Record in Massachusetts
Clearing your record takes more than just waiting—it involves taking active steps once you’re eligible.
Here’s how the process typically works:
- Request your CORI report from the Department of Criminal Justice Information Services.
- Check your eligibility for sealing or expungement based on the type of offense, outcome, and the time since disposition (the date when you completed your sentence)
- Complete and submit the appropriate petition, which varies based on whether you are requesting a seal or expungement
- Attend a court hearing, if required
Some petitions are reviewed administratively, while others require you to appear before a judge. Cases reviewed administratively are generally cases of dismissal or not-guilty findings, as opposed to convictions. Judicial review is usually required for convictions.
Filing forms incorrectly or missing key steps can delay or prevent your petition from being processed. It is helpful to work with an attorney who is familiar with the process and understands your rights.
Changes Coming: Will Massachusetts Automatically Seal Records?
Massachusetts lawmakers have introduced a bill that would automatically seal eligible criminal records after the waiting period, without requiring individuals to file petitions.
The legislation, if passed, would automatically seal records for eligible misdemeanor and felony convictions. It would apply only to individuals with no new charges or convictions during the applicable waiting period.
Sealing would still not be permissible for offenses that are currently ineligible for sealing.
Even if the bill doesn’t pass this time around, legislators may continue to work towards passing a similar bill in the future. It isn’t reasonable for you to keep your finger on the pulse of Massachusetts laws, but at Riccio Law, it’s our job. We always keep up to date on criminal record sealing and expungement laws and can let you know if your rights change at any point.
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Let Riccio Law Help You Get Your Life Back on Track
Waiting to clear your record can be frustrating, especially when it holds you back from housing and employment. But once you’ve met the required timeline and you meet certain criteria, Massachusetts expungement and sealing laws provide a path to a clean slate.
Every situation is unique, and small details, such as the type of charge or how it was resolved, can impact your eligibility. If you’re unsure where to start or want to make sure you’re doing it right the first time, speaking with an attorney can save time and stress.
If you’re ready to take the next step, Riccio Law can help you understand your legal options and what it takes to move forward with sealing or expunging your criminal record.
