Sealing Your Criminal Record in Massachusetts

Background checks are common practice in the modern world. If you have been arraigned on a criminal charge, regardless of how the case was resolved, you have a Massachusetts criminal record. If you are eligible to have your criminal record sealed under Massachusetts law, it is of crucial importance that you do so to ensure that your criminal records does not show up on a background check and interfere with you obtaining a job, getting a promotion, prevent you from finding housing, or otherwise interfering with your life. For instance, Uber and Lyft conduct background checks and any conviction for an OUI or other criminal offense may prevent you from being hired as driver for either company or being able to obtain car insurance. After your records are sealed, employers, landlords, and others conducting background checks will not be able to see your record and you can honestly reply that you do not have a record of any convictions.

Most criminal charges can be sealed in Massachusetts. It is important to determine how the case was resolved in order to properly seal your record.

Sealing a Conviction

It is important to note that you do not have to serve any actual time for the charge to be considered a misdemeanor or a felony, rather the distinction is made by the possibility of certain maximum sentences. Your CORI should reflect whether the charge was a felony or

It is important to note that the misdemeanor or felony distinction is not based on time you actually served but rather the possible maximum sentence. Whether you were charged with a felony or misdemeanor should be clear on your CORI, however if it is unclear to you, an experienced criminal defense attorney will be able to identify the charge.

After the waiting period has tolled you are eligible to seal by mail.

Sealing a NON Conviction including CWOFs

If you received a disposition other than a conviction you are eligible to seal your record without a waiting period under G. L. c. 276, § 100C. Some examples of non-convictions are dismissals, CWOFs (case was continued without a finding), no bills, no probable cause or nolle prosequis (where the Commonwealth puts on the record no further prosecution.) The process for sealing non convictions prior to the end of the waiting period is different and requires a hearing before the judge in the court where the charges originated. There is a legal standard that is applied at these hearings and it is helpful to have an experienced attorney assist you in this process

PROCESS FOR SEALING A NON-CONVICTIONWHAT THE JUDGE CONSIDERS AT THE HEARING

The standard the judge applies at a hearing to seal a non-conviction is “good cause”. This standard was set forth in Commonwealth v. Pon, 496 Mass. 296 (2014). The SJC in Pon held that judges may take “judicial notice” that the existence of any criminal record, regardless of what it contains, can present barriers to housing and employment opportunities. To meet the new burden of “good cause” you need to show there is a present or a possible future “disadvantage” that stems from your criminal records. At these hearings the judge will consider a number of factors including:

This is an important hearing and you should be well prepared. You may want to consider presenting affidavits from colleagues teaches or friends. If you hire an attorney to represent you, they should file a memorandum with supporting documents that show that this record has created a disadvantage and the sealing of the record would remedy that disadvantage.

Here at DelSignore Law we have successfully sealed a number of clients’ charges and we would be happy to help you seal your record, so you get the job you want. Give us a call for a free consultation at 781-686-5924.

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