At Brad Bailey Law, P.C., we are dedicated to helping our clients move forward with their lives. Today, Attorney Garrity achieved a significant victory by successfully sealing a client's criminal record. This crucial step will enable our client to pursue new opportunities without the burden of a past criminal record.
Sealing Criminal Records: What You Need to Know
Having a criminal record can create numerous obstacles in everyday life, even if the offense occurred years ago. In Massachusetts, while the law generally does not allow for expungement (the complete destruction or erasure of a criminal record), there is a legal process for sealing records. This process prevents the public and certain agencies from accessing your criminal history, providing a path to a fresh start.
What’s Included in a Criminal Record?
A criminal record in Massachusetts includes more than just convictions. It encompasses all arraignments, dismissals, nolle prosequi (decisions not to prosecute), and "not guilty" findings. Whether you face misdemeanor or felony charges, these events will appear on your criminal record.
However, some proceedings are excluded. For example, restraining orders, child abuse or neglect reports, and most juvenile records (unless tried as an adult) do not appear on your record. It's also important to note that your Massachusetts criminal record will only include cases from the state of Massachusetts.
How Does a Criminal Record Affect Your Life?
A criminal record can significantly impact various aspects of life, from employment and housing to education and adoption opportunities. Employers, schools, landlords, and other authorities often have access to your Criminal Offender Record Information (CORI) and may use it when making decisions. Even activities like volunteering in children's programs or applying for a firearms permit can be hindered by a criminal record.
Can Your Criminal Record Be Sealed?
Under Massachusetts law (Mass. Gen. Laws c. 276, § 100A), you may be eligible to seal your criminal record under specific conditions:
- Waiting Periods: After a waiting period (three years for misdemeanors, seven years for felonies), some convictions or admissions can be sealed.
- Dismissals and Not Guilty Findings: These can be sealed immediately for good cause shown.
- Decriminalized Offenses: Any offense that is no longer a crime in Massachusetts can be sealed.
However, not all records are eligible for sealing. For example, some firearms offenses, crimes against the public, and violations of the State Ethics Act cannot be sealed. Moreover, individuals currently registered as sex offenders or those with past or present Level 2 or Level 3 sex offender status may not seal certain sex offenses.
What Happens When a Record Is Sealed?
Once your criminal record is sealed, it will no longer appear on CORI reports. The report will not indicate that a record ever existed. If your entire record is sealed, you can legally state that you do not have a criminal record and that you were never arrested, charged, or convicted of a criminal offense. However, law enforcement, courts, and certain governmental agencies will still have access to your full record, and other states or federal jurisdictions may require you to disclose sealed offenses.
How We Can Help
Sealing a criminal record involves navigating a complex legal process. At Brad Bailey Law, P.C., our experienced criminal defense attorneys can help you obtain a copy of your criminal record, ensure its accuracy, secure certified court documents, and file a petition to seal your record. We are committed to helping our clients understand the process and its implications so they can make informed decisions about their futures.
If you're looking to seal your criminal record and move forward with your life, contact Brad Bailey Law, P.C. for a free consultation. We are here to provide the guidance and representation you need.