Steven J. Topazio - Attorney At Law

Sealing Criminal Records /Motion to Seal or Expunge

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, Attorney at Law.

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 10 or 15 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 10 years after the final disposition of the case, and sealing of felony records cannot occur as a matter of right until 15 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.

Recent Changes In The Law 

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 is not generally possible in the Commonwealth due to a recent 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.

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 (currently 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, will be reduced to 5 years and 10 years respectively, though this actual change in the law will not be effective until May 4, 2012), 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.

Why Sealing Your Record Is The Right Move 

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. 

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 

Sealing can represent a great opportunity for anyone concerned about the effect of past involvement with the criminal justice system on future job prospects. To see how our experience with criminal records and motions to seal can help you, contact Boston Criminal Defense Attorney Steven J. Topazio at 617-422-5803 or email him to schedule a free consultation.

RECENT CASE DECISIONS

July 11, 2011
Malden District Court
Docket Intentionally Omitted

Seal criminal records M.G.L. c. 276, § 100C