Anyone with a criminal record, even a misdemeanor, has had to deal with the fear and frustration that it might become known. This is particularly the case, when applying for a new job. You may have found yourself interviewing for a position, and everything seems to be going so well, until – just when you think you’ve landed the job for sure – the potential employer informs you they’ve decided to go with an alternate candidate.
The truth is, a criminal record will follow you, wherever you go. Even a minor misdemeanor conviction can be the difference between you getting the job and not getting it. The good news is that our legal system, here in the state of Massachusetts, recognizes that a criminal record can have life-altering consequences. In the interest of justice, Massachusetts has enacted laws that allow for the expungement or sealing of those records, in certain situations.
If you wish to have your record sealed or expunged, we can assist. Our attorneys are experienced at the sealment and expungement of records, for many different types of clients. While not all criminal records can be sealed, many can. Call Hoffman Law today, for a free initial consultation!
Expungement and Sealing of Criminal Records in Massachusetts
As noted above, the consequences of a criminal record reach beyond the mere sentence handed out by the court. In fact, in some cases, the negative consequences of that record may prove worse than the actual sentence itself. People with criminal records find themselves rejected for more than just employment. They also find themselves rejected for housing, student loans, entry into certain organizations, and many other things.
Massachusetts legal system recognizes that these life-altering consequences are simply not fair, in certain situations. Thus, built into Massachusetts’ criminal justice system is a means of balancing these effects, by allowing some convictions to be expunged or sealed from a person’s criminal record.
Although the terms “expunged” and “sealed” are often used interchangeably, they are not the same. If a record is expunged, it is removed from the person’s record, deleted entirely. A “sealed” record, on the other hand, still exists. When a record is sealed, it becomes a record whose access is limited. For example, while most records are easily accessible by the public, a sealed record is not. If a person were to inquire of such a record, the clerk at the courthouse would inform the seeker that no such record exists.
Who does have access to sealed records, in Massachusetts? Those with access are essentially limited to any person in law enforement or any court. These individuals and entities will still have access to your sealed record, should they chose to review it. It is important to note that a number of state employers and state agencies have access to sealed records. The Department of Early Education and Care, The Department of Children and Families, and the Department of Youth Services all have access to sealed records, for the obvious reason that children are involved.
Who does not have access to sealed records, in Massachusetts? This is, really, the far more important question. The whole point of having a criminal record sealed is to avoid the negative consequences that result from that record. In most cases, having the record sealed achieves this goal. As mentioned, the general public no longer has access to your record, once it is sealed. In addition, most employers and landlords will no longer have access to your sealed record.
Criminal records in Massachusetts are dispensed through CORI, which stands for Criminal Offender Records Information. When a court, potential employer, landlord, or anyone else in the state of Massachusetts wants to check your criminal history in this state, that person or organization runs your CORI report. A CORI report lists all of your criminal charges, even if you were not convicted and even if you were acquitted.
To understand who can and cannot see your criminal record, once it is sealed, you must understand that the type of CORI report an organization can run, will depend on what type of organization it is. Law firms, for example, are allowed to run one type of CORI report. Employers are allowed to run a different type. Only law enforcement agencies, courts, and a number of state agencies (noted above) are able to run the type of CORI report that includes sealed records. The bottom line is, for most employers and landlords, an individual’s record will NOT show up on the CORI report in any fashion, if it has been sealed. This means there would not be an indication, of any sort, that a record even exists.
Which Criminal Records can be Sealed and How?
In fact, most criminal records can be sealed, whether the record is a charge, misdemeanor, or felony. The primary factors in determining whether or not a particular record can be sealed are “time” and lack of any “additional charges.” Thus, if the record is derived from a fairly recent charge, it may not be eligible for sealment. Also, if you’ve had additional charges against you, following the completion of the matter you want sealed, it is likely ineligible.
Most misdemeanor convictions are eligible to be sealed, five years after the conclusion of the case. However, you must not have recieved any other charges during this period of time (traffic tickets don’t count). Most felony convictions are eligible to be sealed, ten years after the conclusion of the case. The same caveat of no additional charges, during the wait period, applies.
Although most records require you to wait a number of years, before having it sealed, there are a number of exceptions. For example, records of criminal matters that ended favorably, such as where you were acquitted by a jury, may be sealed by a judge without the waiting period. Also, certain first-time drug possession convictions may be sealed by a judge, without the waiting period.
Misdemeanors (Five Years):
Felonies (Ten Years):
Sex Offenses (Fifteen Years):
Which Criminal Records Cannot be Sealed?
As has already been noted, the overwhelming majority of criminal charges or convictions can sealed, after a waiting period of five, ten, or fifteen years. There are, of course, some criminal records that can never be sealed. These are not charges, but convictions – meaning you must have been charged with the crime and either found guilty by a jury or judge or plead guilty to the crime, as part of a plea bargain.
These “unsealable” crimes can be categorized into a number of groups, including: (1) crimes against public justice; (2) violations of the state Ethics Act; (3) certain firearms crimes; and (4) certain sex offenses. Some specific examples follow:
Crimes against Public Justice (Cannot be Sealed):
** Disruption of court proceedings
** Resisting arrest
** Interference with fire fighting operations
Violations of the State Ethics Act (Cannot be Sealed):
** Conflict of interest of a public official
** Most of the crimes in this category are of a similar nature
Sales of Firearms Crimes (Cannot be Sealed):
** Carrying of firearms in a vehicle
** Unauthorized purchase of firearmes