A criminal record can continue to affect a person’s life long after a case has ended. A past arrest, dismissal, conviction, or other criminal court record may appear during background checks and create concerns when applying for employment, housing, professional licenses, education, or other opportunities.
Fortunately, Massachusetts law provides several ways in which eligible individuals may be able to limit the impact of a criminal record. Depending on the circumstances, this may include sealing a criminal record, expunging a criminal record, or correcting inaccurate criminal record information.
If you have a criminal record in Massachusetts, understanding the difference between these options is important. An experienced Lowell criminal defense attorney, such as Matthew A. Pingeton, can review your history and help determine whether you may qualify for available record-clearing relief.
What Is the Difference Between Sealing and Expungement?
Although the terms are sometimes used interchangeably, sealing and expungement are different legal processes in Massachusetts.
Sealing a criminal record generally restricts who can access the record. A sealed record is not simply erased from existence, but it becomes unavailable to many people and organizations conducting ordinary background checks. Massachusetts law provides specific procedures governing when criminal records may be sealed and how sealed records are treated.
Expungement is different. Under Massachusetts law, an expunged criminal record is permanently destroyed and is no longer accessible by the court or other state, municipal, or county agencies.
The distinction matters because the appropriate form of relief depends on the history and circumstances of the case. Not every criminal record qualifies for expungement, and some records may be eligible for sealing even when expungement is unavailable.
Can a Criminal Record Be Expunged in Massachusetts?
Massachusetts provides several pathways for expungement. One important category is time-based expungement, which is available for certain qualifying offenses after the required waiting period has passed.
Under current Massachusetts law, eligible individuals may generally seek time-based expungement after completing all portions of their sentence for at least three years for a misdemeanor or seven years for a felony. There are also limitations concerning the number and type of records a person may have and the nature of the offense.
Not every offense qualifies. Massachusetts law excludes certain categories of crimes from time-based expungement, including specified offenses involving serious bodily injury or death, dangerous weapons, certain offenses against elderly or disabled persons, sex offenses, certain firearms offenses, OUI offenses, restraining or harassment prevention order violations, and assault or assault and battery involving a household member. The statutory exclusions should be carefully reviewed because eligibility depends on the specific offense and circumstances.
Massachusetts also provides other forms of expungement in specific circumstances. For example, a record may potentially qualify for non-time-based expungement when it resulted from fraud, certain errors, or an offense that is no longer considered a crime.
There are also special provisions concerning certain marijuana-related records. Massachusetts law provides a specific mechanism for expungement of qualifying marijuana possession, cultivation, and distribution records.
What About a Case That Was Dismissed or Ended in a Not Guilty Finding?
People sometimes assume that a dismissed criminal case or an acquittal automatically disappears from their record. That is not necessarily the case.
Massachusetts law provides specific procedures for sealing records involving outcomes such as a not-guilty finding, no bill, no probable cause, dismissal, or nolle prosequi. In certain circumstances, records associated with these dispositions may be sealed, and Massachusetts law provides protections concerning how sealed records are reported to authorized individuals and organizations.
Because the rules can vary depending on how the case ended, an attorney can review the court disposition and determine whether additional action is appropriate.
Why Your Massachusetts CORI Matters
Massachusetts maintains criminal record information through the state’s Criminal Offender Record Information system, commonly known as CORI. A CORI record can contain information concerning Massachusetts criminal court activity, making it an important consideration when evaluating a person’s criminal history.
Before pursuing record clearance, it can be useful to determine exactly what appears on your criminal record. A person may have multiple cases, dispositions, or entries that are difficult to understand without reviewing the underlying court information.
An attorney can help identify which records may be eligible for sealing or expungement and whether inaccurate or incomplete information needs to be addressed.
How a Lowell Criminal Defense Attorney Can Help
The record-clearing process can involve more than simply filling out a form. Determining eligibility may require reviewing old court records, identifying the correct disposition, calculating applicable waiting periods, examining the nature of the offense, and determining whether statutory restrictions apply.
Matthew A. Pingeton can assist individuals in Lowell and throughout Massachusetts who want to understand their options for criminal record clearance. He can review your criminal history, explain the difference between sealing and expungement, identify potentially eligible records, and help prepare the appropriate filings.
Where a court petition or hearing is necessary, having an attorney familiar with Massachusetts criminal law can also help ensure that the relevant information and legal arguments are properly presented.
A Criminal Record Does Not Have to Define Your Future
A past criminal charge does not necessarily have to remain a permanent obstacle to your future. Massachusetts provides legal mechanisms that may allow eligible individuals to seal or expunge certain criminal records.
Whether you have an old drug possession case, theft charge, dismissed case, or another criminal matter in your history, eligibility depends on the specific facts and applicable Massachusetts law. Because the rules can be complicated—and because not every offense qualifies for the same form of relief—it is important to have your individual circumstances evaluated.
If you are interested in expungement or criminal record sealing in Lowell, Massachusetts, Matthew A. Pingeton can help you understand your options and take the appropriate steps toward clearing or limiting access to your eligible criminal record.
Contact Matthew A. Pingeton to discuss your Massachusetts criminal record and learn whether you may qualify for expungement, sealing, or another form of record relief.
