How to Get a Felony Expunged in Massachusetts

There are a number of different procedures available in Massachusetts that result in making the criminal record of some criminal offenses unavailable to the public for viewing. One procedure is sealing. With sealing, the public cannot access the criminal record, but the record remains in existence. A court might access it at a future time under certain circumstances.

Another procedure is expungement. When a criminal record is expunged, it is destroyed permanently. No one can ever access the record again, not a court, not any government agency.

This article deals with expunging a conviction in Massachusetts. It also deals with expunging records of criminal offenses that have not ended in conviction, e.g., arrest records, and expungement of misdemeanor records also.

There are a number of complexities to expungement in Massachusetts. A defendant would want to consult with an attorney if they are interested in felony expungement in that state. To qualify for expungement, the following must be true:

• The defendant who seeks the expungement has no more than 2 felonies in their criminal record; multiple offenses that arise out of the same event or incident are considered a single offense.
• The offense did not cause the death of or serious bodily injury to the victim.
• The offense was not perpetrated with the intent of causing the death of or serious bodily injury to the victim.
• The offense was not armed with a dangerous weapon at the time they perpetrated the offense.
• An elderly or disabled person was not the victim of the offense.
• The offense is not a sex offense.
• The offense was not a sex offense that victimized a child.
• The offense was not a sex offense that involved violence.
• The offense is not operating a motor vehicle under the influence of controlled substances, medications or alcohol.
• The offense is not a firearms violation or the illegal sale of a firearm.
• The offense is not a violation of any restraining or protective order.
• The offense is not a domestic assault and battery.
• The offense is not a felony crime against a person as defined in Massachusetts law, e.g., murder, manslaughter, assault, and the like.

A defendant has to wait 7 years after completing their sentence to request expungement of the record of a felony offense. If the offense is a misdemeanor, a defendant must wait 3 years after completing all of the terms of their sentence before requesting expungement.

The expungement waiting period for both felonies and misdemeanors only begins to run when the criminal case at issue is finally discharged or concluded. A criminal case has not ended until the defendant has served their entire sentence, e.g., completing the probation to which they were sentenced and/or paying any restitution or fine that they were ordered to pay.

Many courts make note in the record of their proceedings the exact date on which a criminal sentence has been completed. This is when the expungement waiting period begins to run.

If an individual has had any additional criminal convictions after the date of the conviction they want to expunge, they must wait until the waiting period for the subsequent conviction has passed to seek to expunge that subsequent conviction.

What Factors Influence Felony Expungement?

One of the main factors that influences expungement is the nature of the criminal offense that is contained in the record. As noted above, the records of certain felony offenses cannot be expunged as follows:

• Criminal offenses that involve violence
• Most sexual offenses, such as rape or sexual battery
• Domestic violence offenses
• Violations of protective orders
• Certain traffic offenses, such as driving under the influence (DUI)
• Most offenses in which the victim was under 18 years old.

As noted above, another factor is whether the individual whose record it is has completed their sentence in full, if a sentence was imposed. The waiting period must have passed before an individual can get an expungement.

Which Felonies Can Be Expunged?

All felonies that are not noted above as not eligible may be expunged if the conditions are met.

What Is the Procedure for Expunging a Felony?

An individual who wants to expunge a felony must submit a completed Petition for Expungement form to the Massachusetts Commissioner of Probation. After receiving it, the Commissioner determines whether the request is eligible for expungement.

If the offense is one that is not eligible for expungement, the Commissioner denies the request in writing within 60 days of receiving it. If it is eligible, the Commissioner notifies the District Attorney of the county where the record is maintained. The Commissioner does this within 60 days of receiving the request.

Within 60 days, the District Attorney must notify the Commissioner of any objections they may have. Then, the expungement request, along with any response or objection, is sent on to the court where the conviction occurred.

If the District Attorney has filed an objection, the court holds a hearing within 21 days of receiving the objection. If the District Attorney has not filed an objection, the court may grant or deny the request without a hearing based on what is in the best interests of justice.

If the order is granted, an order for expungement is forwarded to the Clerk of the Court, the Commissioner, and to the Commission of Criminal Justice Information Services.

When they receive the order, the Clerk, Commissioner of Probation, and Commissioner of Criminal Justice Information Services expunge the record. They also order all criminal justice agencies to expunge all publicly available police logs that they maintain. All agencies are then required to respond to inquiries from any source to the effect that no criminal record exists.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

A criminal record, including a felony record, that has been expunged is destroyed completely and cannot be accessed by anyone. Expungement is the end of a criminal record in Massachusetts. When a court expunges a conviction, the defendant can legally state that they have never been convicted of the crime, e.g., on rental application forms and in job interviews.

Which Felonies Are Not Eligible for Expungement?

As noted above, among the felonies that are not eligible for expungement are the following:

• Felony criminal offenses that involve violence may not be expunged.
• Most sexual offenses may not be expunge
• Criminal offenses that are based on violations of protective orders may not be expunged.
• Offenses that involved a victim who was under 18 years old may not be expunged.

Again, the issues can be complex, and a defendant may want to talk to a local Massachusetts lawyer about what felonies can be expunged and when the waiting period ends.

Do I Need an Attorney for Help With Felony Expungement?

If you have a criminal record and would like to have it expunged so you can end the negative effects it may have on your life, you want to talk to a Massachusetts expungement lawyer. There is a lot of complexity and complication to Massachusetts law regarding expungement.

LegalMatch.com can connect you to a lawyer who can get your criminal record, review it, tell you if your felony records can be expunged, and guide you through the procedure to successful expungement.