Sealing Criminal Records
Boston Expungement and Sealing Records – Massachusetts Criminal Defense Attorney
Criminal Records Sealing And Expungement
Anyone with a serious criminal conviction understands that a felony record can represent a major barrier to employment, housing or educational opportunities. Even misdemeanor convictions can cause trouble for people in the job market or those whose professional license applications include a character evaluation component. For dependable advice about your options for sealing criminal records or expungement of old arrest information in Massachusetts, contact the Boston Criminal Defense Firm of Steven J. Topazio for a free confidential consultation.
Criminal Offender Record Information, or CORI
Public access to criminal records is covered in detail under Massachusetts law, which regulates access to what’s known as the Criminal Offender Record Information, or CORI. The Criminal History Systems Board (CHSB) administers requests for criminal records data in background checks, considers applications for correcting errors on CORI reports, and generally monitors the CORI system to make sure that public information is freely available while keeping confidential information about a given offender private.
A CORI report (your criminal record) will not only include information about a person’s criminal convictions, it will also cover matters such as arrests, dispositions, periods of incarceration or probation, restitution orders, and other data. It should not include information such as psychiatric evaluations or parole board commentary. It’s entirely possible to accumulate a fairly fat CORI file without ever having been convicted of anything.
Don’t wait 5 or 10 years to seal your criminal records from public view
Sealing of criminal records is offered as a matter of right for many criminal offenses, which means that they will not appear on the CORI report, and will not be held against you in job applications, college applications, rental decisions by landlords, or even the decisions of professional licensing boards. The catch here is that misdemeanor sealing rights do not arise until 5 years after the final disposition of the case, and sealing of felony records cannot occur as a matter of right until 10 years after disposition. The term “final disposition” includes completion of parole after release from prison.
Fortunately, there is another way to achieve sealing of your criminal records. A judge can order sealing on a case-by-case basis if you can demonstrate that your interest in getting on with your life outweighs the public interest in knowing about your past mistakes. Ordinarily, the judge’s decision will balance the hardship you have experienced against the public’s need for protection, and evidence of rehabilitation or stabilizing circumstances in your life today can make the decisive difference.
Attorney Topazio has been successful preparing, arguing, and presenting motions to seal in court well before the current 5 or 10 year waiting period. See how he can help you. Contact him today for a free confidential consultation.
Recent Changes In The Law
Sealing (effective October 14, 2018)
The amount of time in which an adult must wait before requesting that the Commissioner of Probation seal a record was reduced from 10 to 7 years for a felony and from 5 to 3 years for a misdemeanor. Additionally, an adult may now move to seal a conviction for resisting arrest.
Expungement (effective October 14, 2018)
Massachusetts law has changed over the years regarding the possibilities and procedures of the expungements (erasing) and sealing of criminal records. A motion to expunge a criminal record is a motion to essentially erase the fact that criminal charges were ever even brought in the matter. Its specific purpose is to redress a glaring injustice done to a defendant, when it appears from all the evidence introduced, that the defendant never should have been charged by the Commonwealth in the first place. Expungements or totally erasing any sign of a criminal matter was not generally possible in the Commonwealth due to the Supreme Judicial Court ruling in Commonwealth v. Boe, 456 Mass. 337, (March 25, 2010) which held judges cannot expunge criminal records but rather can seal records in conformity with G. L. c. 276, § 100C.
The legislature however created a new statutory regime, set forth in new sections 100E-100U of c. 276, for expungement of records, including all court records apart from unidentifiable information kept for evaluative and statistical purposes. If the Commissioner of Probation determines that the record is eligible for expungement, a judge will then determine whether to expunge the record in the interests of justice. To qualify for expungement:
- * The offense for which the record was created must have occurred prior to the petitioner’s 21st birthday.
- * The offense must be one that qualifies for expungement; the new law includes 20 categories of offenses which do not qualify ( e. g. any offenses resulting in death or serious bodily injury, any offense committed while armed with a dangerous weapon, any offense in violation of G.L. c. 90 § 24, any sexual offense as defined in G.L. c. 123A,§ 1, to mention a few).
- * If the offense is a felony, the offense must have occurred not less than 7 years before the date on which the petition was filed; if the offense is a misdemeanor, the offense must have occurred not less than 3 years before the date on which the petition was filed.
- * The petitioner must not have any other criminal or juvenile court appearances or dispositions on file (other that motor vehicle offenses in which the penalty does not exceed a fine of $50).
- * Additionally, the new law permits the expungement of a record that was created as a result of fraud or specifically defined errors.
Petitions to Seal
Massachusetts General Laws Chapter 276, §100A maintains that a defendant who pleads guilty or who admits to sufficient facts and receives a continuance without a finding (“CWOF”) with probation will have a criminal record that cannot be sealed by way of petition to the commissioner (but might otherwise be sealed by petition to the court) until certain time periods have passed (which was until 2012, 10 years for a misdemeanor and 15 years for a felony) but as a result of the August 6, 2010 passing of the Massachusetts CORI Reform Bill 2010, the legislature reduced the waiting period to its current level of 5 years and 10 years respectively, providing that there are no further convictions except for minor motor vehicle infractions. For the purpose of sealing criminal records, a CWOF with probation will be treated the same way as a conviction.
In 2014, a new standard and procedure was established making it easier to have records sealed where the criminal case ended in a dismissal or entry of a nolle prosequi. As a result of the court decision in Commonwealth v. Pon , 469 Mass. 296 (2014), courts will no longer require defendants seeking sealing under G. L. c. 276, § 100C, second par., prove that the value of sealing clearly outweighs the constitutionally-based value of the record remaining open to society. Instead, criminal defendants now will only have to prove that “substantial justice” will best be served by sealing. The new standard means that defendants need only establish that good cause exists for sealing and eliminates the necessity to prove that they risk suffering specific harm if the record were not sealed.
Presently, all criminal records are reported on your CORI regardless of the record’s age or disposition, unless you have your CORI sealed. A CORI that is not sealed allows employers to view records of all court events, even if your case was dismissed or you were found not guilty. Under the new iCORI law that went into effect on May 4, 2012, on a going forward basis, most employers will only be able to access information related to pending arrests and charges that resulted in a conviction, limited to the past ten years for felonies and the past five years for misdemeanors. The new iCORI law will not affect any record created prior to the passage of the iCORI Act.
Why Sealing Your Record Is The Right Move
Employers check criminal records, admissions boards and financial aid offices check when applying to college and filling our FASFA forms for financial aid, including landlords and realtors before leasing and apartment. There is no legal reason not to have your criminal record sealed so, if you can do it, sealing your record is nearly always a good idea. Most people will benefit from sealing convictions under §100A, or by sealing records of dismissed cases, acquittals, nolle prosequi cases, and cases where no probable cause was found, under G.L. c. 276, §100C.
If your record is sealed and you apply for most jobs or housing, then the sealed record will not appear on your CORI report. In the past, the Criminal History Systems Board (“CHSB”) would note on a CORI that the individual had at least one sealed record on file. However, this practice was illegal and it should no longer happen. The CORI should contain no indication that there are sealed records. If an individual has had the entire record sealed, the CHSB should send a report that says there are “no adult criminal records on file.” Sealing your criminal record will not arouse suspicion or create a “red flag,” since nobody except the police, law enforcement agencies, certain other government agencies, and a very few employers will be able to tell that there are sealed records on file.
Contact us today for a free confidential consultation.
Massachusetts Laws:
- MGL c. 94C, s. 34 Unlawful possession of particular controlled substances (provides for sealing of certain records)
- MGL c. 94C, s.44 Violations of section 34; acquittal, dismissal or indictment nol prossed; sealing of records
- MGL c. 233, s.21 Proof of conviction of crime to affect credibility.
- MGL c. 276, s.100A Requests to seal files.
- MGL c. 276, s.100B Requests to seal delinquency files or records.
- MGL c. 276, s.100C Sealing of records or files in certain criminal cases.
Comprehensive Investigation and Case-Building
Don’t pay for pat mistakes your entire life. Sealing can represent a great opportunity for anyone concerned about the effect of past involvement with the criminal justice system on future job prospects and housing. To see how our experience with criminal records and motions to seal can help you, contact Boston Criminal Defense Attorney Steven J. Topazio to schedule a free confidential consultation.
RECENT CASE DECISIONS
Expungement of Criminal Record
- Steven Topazio wrote this January 20, 2021, at 4:28 pm
The client consulted with Attorney Topazio regarding a criminal complaint in the name of “Jane Doe” that popped up on her CORI after she applied for a job. The client claimed that she was not the defendant in the complaint alleging common nightwalking which was in default status since 1988. The client further claimed that the complaint, in the pseudonym of “Jan Doe”, must be a mistake and she wanted the warrant withdrawn from her name and the case removed from her CORI. Attorney Topazio discovered that the complaint was in the name of “Jane Doe” because the police could not determine the true identity of the person they arrested in 1988. The description given by the police of the person they arrested did not match the physical description of the client now associated with the “Jane Doe: complaint. Attorney Topazio also pointed out that the “Jane Doe” in the complaint had a date of birth in 1968 yet his client had a date of birth in 1952. Attorney Topazio persuaded the prosecutor to dismiss the case due to the difficulties in trying such an old case and the Commonwealth filed a nolle prosequi. Not satisfied with the dismissal, Attorney Topazio wanted to remove the charge from his client’s CORI so he filed a Petition for Expungement pursuant to G.L. c. 276 section 100K. Having a criminal record expunged means that the record will be permanently destroyed so that it is no longer accessible by the court or any other state, municipal, or county agencies. An expungement is not the same as having your record sealed. There are two different types of expungement. One is a time-based expungement and the other is a non-time-based expungement. Attorney Topazio filed for a non-time-based expungement petition alleging that there was unauthorized use of his client’s identity and that she was not the person in the “Jane Doe” complaint. Attorney Topazio wanted the complaint expunged to remove it from his client’s CORI. Non-Time-based expungements can be based on the following criteria:
- False use of your identification
- Unauthorized use of your identity
- Theft of your identity
- Offense(s) that is/are no longer a crime (i.e. possessing small amounts of marijuana)
- Errors by law enforcement
- Errors by civilian or expert witness(es)
- Errors by court employees
- Fraud perpetrated upon the court.
The Court agreed with the petition for expungement and made a finding that false identification of the client was used and expunged the record. After a record is expunged, Attorney Topazio informed his client that she cannot be found guilty of perjury or of giving a false statement by not acknowledging this charge if anyone inquires about it. The client can say that she has no record after expungement.
Criminal Record Sealed
A Criminal Defendant who was charged Criminally Based on the False Use of his Identification can have his Criminal Record Expunged.
- Steven Topazio wrote this March 12, 2020 at 6:09 pm
The client was charged with drug possession charges after receiving a summons in the mail telling him to appear in court for an arraignment. According to the police report associated with this case, the client was charged and accused of criminal activities after being involved in an undercover drug investigation. The report further stated that officers of the drug control unit received numerous complaints about drug activity and observed an alleged drug transaction allegedly involving the client and stopped an individual. The individual, when asked to identify himself, gave the name of the client. Due to the suspect’s cooperation with the police, he was allowed to leave and told that he would be summonsed to court. Attorney Topazio met with the investigating detective and verified with the detective that his client was not the person the detective stopped, but rather the client’s brother. Based on this information, Attorney Topazio appeared in court and requested that the case against his client be dismissed. Attorney Topazio objected to the Commonwealth’s request to amending the case to the correct name of the defendant due to the unauthorized use of his client’s identity and requested that the case be dismissed and a new police report be written. Attorney Topazio argued to the court that he wanted his client’s record of this case, and all references to his client expunged. Having a criminal record expunged means that the record will be permanently destroyed so that it’s no longer accessible by the court, police or any other state agency.
Petition to Seal
- Steven Topazio wrote this December 23, 2019 at 6:49 pm
The client was arrested for a charge of Strangulation or Suffocation in violation of c. 265 § 15D(b) and Assault and Battery on a Family or Household Member in violation of c. 265 § 13M(a) and after fighting the case, resolved it by admitting to sufficient facts to the charge of A&B on a Family or Household Member with the strangulation charge being dismissed. The client successfully completed probation and retained Attorney Topazio to seal his record. Attorney Topazio filed a petition to seal along with an affidavit on behalf of his client. Attorney Topazio directed the court to the case of Commonwealth v. Pon , 469 Mass. 296 (2014), which established a new standard and procedure for sealing of a criminal case ending in a dismissal or entry of a nolle prosequi, making it easier to have those records sealed. Attorney Topazio set forth facts on his client’s behalf that demonstrated good cause through his rehabilitation, work aspirations and good behavior for overriding the presumption of public access to court records. The court reviewed the petition and the supporting documents and determined that the client met his burden and sealed the client’s record.
Petition to Seal
- Steven Topazio wrote this July 25, 2018 at 5:52 pm
The client, an IT professional, who served honorable in the United States Service, retained Attorney Topazio to seal his criminal record because the client was concerned that any potential future employer would look unfavorable upon any application for employment if aware of his criminal record. The client was charged with Disturbing the peace, Assault and Battery with a Dangerous Weapon, and Resisting arrest. Those charges were ultimately dismissed by the court. Attorney Topazio was successful in persuading the Court to seal his client’s record.
August 02, 2013
Cambridge District Court
Docket # intentionally omitted
Assault and Battery M.G.L c.265 § 13A(a)
Witness Intimidation M.G.L c.268 § 13B
On December 17, 2012, Boston Criminal Attorney Steven J. Topazio was successful in persuading a judge to dismiss this Domestic Assault and Battery and Witness Intimidation case against his Client, a 38 year-old visiting scholar from China, after Attorney Topazio persuaded the Assistant District Attorney on the case to file a Nolle Prosequi. A Nolle Prosequi is a Latin term meaning “we shall no longer prosecute,” and is a declaration made to the judge by a prosecutor in a criminal case meaning the case against the defendant is being dropped.
The Client re-hired Attorney Topazio to petition the court to seal the records of this case. Attorney Topazio filed a motion to seal and scheduled a hearing. Today, Attorney Topazio persuaded the court to seal both charges. By Massachusetts statute, Client may now answer during a background check that she has never been arrested, charged, or convicted of any crime.
Result: Criminal Record Permanently Sealed.
June 17, 2013
Wrentham District Court
Docket intentionally omitted
Seal criminal records M.G.L. c. 276, § 100A
Possession to Distribute Class D
The client, a 47 year old professional, had a CORI which reflected a CWOF disposition on a Marijuana Possession charge, hired Massachusetts Criminal Records Sealing Attorney Steven J. Topazio to seal his criminal record. The Client anticipates applying as a chaperone and coach at his children’s school and wanted to present with a clean CORI. Attorney Topazio petitioned the court to seal his client’s CORI on the basis that the recorded offense which he admitted to is no longer a crime due to a change in the Marijuana laws. Today, Massachusetts Criminal Records Sealing Attorney Steven J. Topazio caused his client’s criminal record to be sealed. As a result, by statute the client can now truthfully state for all purposes that he has never been arrested or charged with any crime.
Result: Criminal Record Permanently Sealed.
August 27, 2012
Cambridge District Court
Docket intentionally omitted
Seal criminal records M.G.L. c. 276, § 100A
Possession to Distribute Class B, C, and E
The client, a 35 year old professional, anticipating finishing her PHD in Neuroscience in 2012, had a CORI which reflected multiple CWOF dispositions on drug charges, hired Massachusetts Criminal Defense Lawyer Steven J. Topazio to seal her criminal record. The Client anticipates applying for a full time faculty position with Boston University and wanted to present with a clean CORI when applying for employment. Today, Massachusetts Criminal Defense Attorney Topazio caused his client’s criminal record to be sealed. As a result, by statute the client can now truthfully state for all purposes that she has never been arrested or charged with any crime.
Result: Criminal Record Permanently Sealed.
August 24, 2012
Cambridge District Court
Docket intentionally omitted
Seal criminal records M.G.L. c. 276, § 100A
Possession with Intent to Distribute Controlled Substance
The client, a 35 year old father, recently applied as a parent-volunteer for his child at a Montessori School as a parent volunteer and feared being disqualified due to his CORI which reflected multiple admissions to sufficient fact on drug possession with intent to distribute charges. The Montessori School, as part of the selection process, requires that the Client provide a CORI, hired Boston Criminal Defense Attorney Steven J. Topazio to seal his record. Today, Massachusetts Criminal Attorney Topazio caused his client’s criminal record to be sealed. As a result, by statute the client can now truthfully state for all purposes that he has never been arrested or charged with any crime.
Result: Criminal Record Permanently Sealed.
July 30, 2012
Wareham District Court
Docket Intentionally Omitted
Motion to Seal M.G.L. c. 276 § 100A
The client, who had multiple CWFO’s on her CORI, hired Boston Criminal Defense Attorney Steven J. Topazio to seal her record. Today Attorney Topazio persuaded the court to seal his client’s record so she can truthfully say on any application for employment that she has no record.
Result: Record permanently sealed.
June 22, 2012
Woburn District Court
Docket intentionally omitted
Weapon Violation
Seal criminal records M.G.L. c. 276, § 100A
Possession of Firearm without a license
Malicious Destruction of Property
The client, a 32 year old full-time student attending the University of Buffalo, Buffalo, New York, anticipating receiving my BS in business Administration with a concentration in finance, had a CORI which reflected a one year committed sentence for possession of a firearm and malicious destruction of property, hired Boston Criminal Defense Lawyer Steven J. Topazio to seal his record. The Client who is presently employed in the financial services sector and served honorably in the United States Army and who has been an active duty soldier at Fort Hood, Texas and a National Guard member for both Massachusetts and Texas, required a clean CORI because CORI checks have to be completed as part of the Client’s responsibilities with his employor. Today, Attorney Topazio caused his client’s criminal record to be sealed. As a result, by statute the client can now truthfully state for all purposes that he has never been arrested or charged with any crime.
Result: Criminal Record Permanently Sealed.
June 19, 2012
Framingham District Court
Docket intentionally omitted
Seal criminal records M.G.L. c. 276, § 100c
Assault and Battery
Assault with a Dangerous Weapon
The client, a 40 year old mother of three and LPN who was taking classes at Massachusetts Bay College with a goal of completing her RN program, had a CORI which consisted of Assault and Battery and Assault with Dangerous Weapon offenses, hired Boston Criminal Defense Attorney Steven J. Topazio to seal her criminal record. The Client did not want these charges to appear on her CORI as she was required to show a clean record in order to advance her nursing career. Today, Attorney Topazio appeared before the court and persuaded the judge to seal his client’s CORI. As a result, by statute the client can now truthfully state for all purposes that she has never been arrested or charged with any crime.
Result: Case Permanently Sealed.
May 31, 2012
BMC Roxbury District Court
Docket intentionally omitted
Seal criminal records M.G.L. c. 276, § 100A
Larceny over $250 – M.G.L. c. 266 § 30
Malicious Destruction of Property M.G.L. c. 266 § 127
The client, a 26 year old who graduated with a Bachelor of Fine Arts from Tufts University in partnership with The School of The Museum of Fine Arts, Boston, MA, had a CORI which consisted of a “CWOF” on two counts of Larceny over $250.00 and Malicious Destruction of Property over $250.00, (felony offenses), hired Criminal Defense Attorney Steven J. Topazio to seal her criminal record so that the charges would no longer appear on her CORI. The client plans to graduate this year with a Masters in Creative Arts Therapy from Pratt Institute, Brooklyn, New York, and planned to seek employment as a teacher and did not want any future employer to question her about the charges if they reviewed her CORI. Today, Attorney Topazio appeared before the court and persuaded the judge to seal his client’s case. As a result, by statute the client can now truthfully state for all purposes that she has never been arrested or charged with any crime.
Result: Case Permanently Sealed.
February 28, 2012
Brighton District Court
Docket intentionally omitted
Seal criminal records M.G.L. c. 276, § 100A
OUI – M.G.L. c. 90 § 24
Negligent Operation M.G.L. c. 90 § 24
The client, a 29 year old graduate student and candidate for a Master of Business Administration, was arrested for OUI and hired Attorney Topazio who was successful in getting the case dismissed back in 2008. In 2012, the client re-hired Attorney Topazio to petition the court to permanently seal his record so that the charges would no longer appear on his CORI. The client who is due to receive his MBA in May, 2012, did not want any future employer to question him about the charges if they reviewed his CORI. Today, Attorney Topazio persuaded the judge to seal his client’s case. As a result, by statute the client can now truthfully state for all purposes that he has never been arrested or charged with any crime.
Result: Case Permanently Sealed.
October 27, 2011
Dedham District Court
Docket Intentionally Omitted
Seal criminal records M.G.L. c. 276, § 100A
Larceny by check under 250
Larceny over 250
Malicious Destruction of Property
The client, a 46 year old real estate appraiser, and father of a school aged child, had a CORI which consisted of a conviction for larceny over 250 and malicious destruction of property, hired Boston Criminal Defense Attorney Steven J. Topazio to seal his criminal record. As a real estate appraiser the client found that current laws are now causing clients to run background checks on appraisers and was fearful that his CORI would disqualify from future employment thus harming his earning potential. The client also had plans to volunteer at his child’s school on field trips and didn’t want to be disqualified due to his CORI. Today Attorney Topazio caused his Client’s CORI to be sealed and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and placed on probation for these crimes.
Result: CORI Permanently Sealed.
July 15, 2011
Boston Municipal Court
Docket Intentionally Omitted
Seal criminal records M.G.L. c. 276, § 100C
The defendant, a graduate of the United States Air Force Academy, who completed a tour of duty in Iraq, and a veteran of Desert Storm from the 1st Iraq War, had a CORI which consisted of a “CWOF” on counts of ABPO, AB, Resisting Arrest, hired Criminal Defense Attorney Steven J. Topazio to seal his criminal record. The defendant had suffered specific harm due to his criminal record, and had plans of pursuing employment opportunities with a respected IT Professional Managed Services organization, but was told that due to his CORI was disqualified. Today Attorney Topazio caused his Client’s CORI to be sealed and now he can truthfully answer on any employment application that he has no record despite being arrested, charged and placed on probation for several criminal offenses.
Result: Case Permanently Sealed.
July 11, 2011
Malden District Court
Docket Intentionally Omitted
Seal criminal records M.G.L. c. 276, § 100C
The defendant, a graduate from UMass Boston with a Bachelor Degree in Finance graduating n 2010, had a CORI which consisted of a general continuance for a domestic assault and battery, hired Boston Criminal Defense Attorney Steven J. Topazio to seal his criminal record. The defendant had plans of seeking full time employment within the financial area with a privately-held financial services firm but was not able to obtain employment due to his criminal record because CORI checks are conducted as a requirement for employment. Today Attorney Topazio caused his Client’s CORI to be sealed and now he can truthfully answer on any employment application that he has no record despite being arrested, charged and placed on probation for this crime.
Result: Case Permanently Sealed.
March 08, 2011
Somerville District Court
Docket Intentionally Omitted
Seal criminal records M.G.L. c. 276, § 100C
The defendant, a resident of Texas who grew up in Massachusetts, and who served in the military, had a CORI which consisted of a “CWOF” on two counts of ABDW, hired Boston Criminal Defense Attorney Steven J. Topazio to seal his criminal record. The defendant had plans on obtaining his license to carry a firearm in Texas, but was told that due to his CORI was disqualified under Texas law. Under Texas law a CWOF is considered a conviction, despite the case ending up a dismissal in Massachusetts. The client was told that if he could seal his Massachusetts CORI then under Texas law his Massachusetts CORI would not disqualify him for obtaining a Texas License to Carry a concealed weapon. Today Attorney Topazio caused his Client’s CORI to be sealed and now he can truthfully answer on his application to carry a firearm in Texas, or on any job or school application that he has no record despite being arrested, charged and placed on probation for this crime.
Result: Case Permanently Sealed.
January 27, 2011
Lowell District Court
Docket Intentionally Omitted
Seal criminal records M.G.L. c. 276, § 100C
Possession of Class B, M.G.L. c. 94C § 34
The defendant, an IT professional and father of two, had a CORI which consisted of a conviction for possession of cocaine, hired Boston Criminal Defense Lawyer Steven J. Topazio to seal his criminal record. The defendant had plans to volunteer as a coach for his kids at their local school and didn’t want to be disqualified due to his CORI. Today Attorney Topazio caused his Client’s CORI to be sealed and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and placed on probation for this crime.
Result: Case Permanently Sealed.
August 17, 2010
Barnstable District Court
Docket Intentionally Omitted
Seal criminal records M.G.L. c. 276, § 100C
The defendant a graduate of Cape Cod Community College hired Attorney Topazio to seal his criminal record which conprised of three individual cases, consisting of two counts for assault and battery, B&E Nighttime with intent to commit a felony, intimidation of a witness, and two motor vehicle violations. The defendant who planned to enter nursing school wanted to advance his career. As a result the Client wanted his record sealed prior to applying to nursing school. As a prerequisite to the certification process the School required applicants to have a clean record. Today Attorney Topazio convinced the judge to seal all the entries on his Client’s record and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and placed on probation for these crimes.
Result: Case Permanently Sealed.
May 26, 2010
Falmouth District Court
Intentionally Omitted
Seal Criminal Record M.G.L. c. 276 § 100c
The defendant, with criminal case entries in several courts on his CORI but with no convictions, hired Attorney Topazio to seal his criminal record. Attorney Topazio filed a motion to seal in court and argued that in order to advance his client’s career his client needed a clean record. Attorney Topazio argued that if his client’s CORI cauased him to lose employment then he might fall onto the welfare of the state. Attoreny Topazio request to seal his client’s record was allowed by the court.
Result: Case permanently sealed.
January 19, 2010
Ayer District Court
Docket intentionally omitted
Seal criminal records M.G.L. c. 276, § 100C; M.G.L. c. 94C, § 44
The defendant a graduate of Bryant College hired Attorney Topazio to seal his criminal record which consisted of five counts, three motor vehicle violations, Possession of class D substance, and minor in possession of alcohol. The defendant who found employment overseas as a teacher of English as a second language needed to obtain a teaching certification which as a prerequisite required applicants to have a clean record. Attorney Topazio convinced the judge to seal the Client’s record and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and placed on probation for these crimes.>
Result: Case Permanently Sealed.
March 06, 2009
Lowell District Court
Motion To Seal
Assault and Battery M.G.L. c. 94, § 33 (b)
The defendant, who received a term of pre-trial probation for the charge of Assault and Battery, moved to Florida after her probation had ended, hired Attorney Topazio to seal her record. Attorney Topazio filed a Motion to Seal and further notified the court, district attorney and commissioner of probation that due to financial constraints, his client could appear at the hearing date and was requesting that her presence be waived when the Motion to Seal was argued in court. Today, Attorney Topazio convinced the court to seal his client’s record in her absence. His client can now he can truthfully answer on any job or school application that she has no record despite being arrested, charged and placed on probation for this crime.
Result: Case Permanently Sealed.
December 23, 2008
Suffolk Superior Court
Seal criminal records M.G.L. c. 276, §§ 100A, 100C
The defendant a Registered Nurse hired Attorney Topazio to seal his criminal record which consisted of four counts, two for Larceny over $250.00 and two for Receiving Stolen Property over $250.00, all of which were felonies. The defendant who could only find employment as an agency nurse was pursuing further employment as a permanent full time employee in a Hospital in Springfield, MA. Attorney Topazio convinced the judge to seal the Client’s record and now he can truthfully answer on any job or school application that he has no record despite being arrested, charged and placed on probation for these crimes.
Result: Case Permanently Sealed.
December 22, 2008
Wrentham District Court
Seal criminal records M.G.L. c. 276, §§ 100A, 100C
The defendant hired Attorney Topazio to seal his criminal record which consisted of motor vehicle violations and the felony charge of counterfeiting motor vehicle documents. The defendant who admitted to sufficient facts had his charges continued without a finding (CWOF) in 1995. Today Attorney Topazio convinced the judge to seal his Client’s record and now he can truthfully answer on any job or school application that he has no record despite admitting to sufficient facts and being placed on probation for these crimes.
Result: Case Permanently Sealed.