- Hey everybody, I'm
attorney Mike Contant.
Earlier I made a video about the benefits
of sealing your criminal record.
Since that time, I've had a
number of people say to me,
alright, Mike, I understand
there's a benefit
to sealing my criminal record.
But what's the process?
What are some of the requirements?
How do I do it?
So I wanna make a short video
to hopefully discuss some of those things
and answer some of those questions.
Massachusetts has essentially two ways
to seal your criminal record.
The first is to an application
to the Commissioner of Probation.
In order to file this application,
you have to understand
what type, what offense
you're trying to have sealed.
Is it a felony? Is it a misdemeanor?
Is it a juvenile offense?
Is it a sex offense?
Because depending on the type of offense
we're trying to have sealed,
that will determine how
long you have to wait
to submit this petition.
In the case of a misdemeanor
or a juvenile offense,
you have to wait three years
from the time the case is all over.
And that doesn't just mean
the time you spent before the judge.
If you got put on probation
or incarcerated in some way.
It's three years from
the date of your last day
if on probation or being incarcerated.
So you have to wait the
later of those dates, okay.
In the case of a felony, that
time period is seven years.
In the case of a qualifying sex offense,
you have to wait 15 years
from the time the case is all over,
before you can petition the court
to have that record sealed.
It's also important that
you weren't convicted
of any other crime in Massachusetts
or elsewhere during that period of time,
because if you were that can
extend that period of time
in which you have, you'll be able to seed
to have that record sealed.
You also have to understand
there are certain exceptions
that could work in your favor
when you submit this application.
For instance, if the legislature
has changed the crime designation,
from a felony to a misdemeanor
since the time that you were in court,
so when you were in court, for instance,
maybe the crime was a felony,
but since that time,
the legislature said we're
gonna re designate that crime
and now it's a misdemeanor.
You only have to wait the
period of time required
for misdemeanor, you can get
the benefit of that change.
Likewise, if the legislators decided
to decriminalize a particular law,
you get the benefit of that change
you don't have to wait it all.
So if, the most common example would be,
simple possession of marijuana.
Marijuana was decriminalized
ultimately legalized.
So, in those circumstances,
if you had a conviction
on your record for that
you want sealed,
you wouldn't have to wait any
period of time whatsoever.
So you get those exceptions,
those law changes that work in your favor.
You also have to understand that
this method will not work
for certain types of offenses ever.
So there's certain offenses
such as gun law violations,
if your in other words,
possession of firearm without a license
is one common example.
You're not going to get
that criminal record sealed.
Also If it is a record
on there for perjury,
this method will not be
allowed to be sealed.
Using this application of
the commissioner probation
or for crimes involving public corruption.
There's a whole list of crimes
that will not be allowed to be
sealed in this manner, okay.
The second method, which
you can use in order
to get your criminal record
sealed in Massachusetts,
is a petition to the court
a petition to the judge.
Now, in the event where
you went through a case,
and it worked out in your favor.
I mean, the case got dismissed,
or they called it nolle pros,
or essentially the prosecution's
withdrawing the charges.
You don't have to wait any period of time,
but you do have to do is
submit a petition to the court
to the judge.
And you do that right away,
because a case ended in your favor.
And you have to demonstrate to the judge
that the substantial interest
of justice should require
that this particular record be sealed.
now what's that mean?
In the judges eyes, the idea is,
is it gonna really impact your life
in a really negative way,
I mean you might not be able to get a job
or housing or employment due
to this particular record,
even though it ended in your favor.
Is it outweighed by the
public's need for information.
So in those circumstances,
you demonstrate to the judge
that the substantial interest of justice
in sealing this record,
then the judge has discretion
to order that particular
record sealed right away, okay.
In the case where you went to trial
on something you were
found not guilty by a jury,
or if it went before a grand
jury the trying to indict you
or the finding of no probable
cause for the charges.
The court is supposed
to automatically seal
those records as well.
So, if you have any questions
about sealing criminal records
or anything like that, please
feel free to give me a call,
shoot me an email or leave
me a comment below the video.
