CRIMINAL RECORD SEALING / EXPUNGEMENt

 If you're considering sealing or expunging your criminal record, it's advisable to consult with a legal professional.   Attorney John F. Dalsey  can guide you through the process and ensure all requirements are met. 

In Massachusetts, individuals seeking to improve their employment prospects by addressing their criminal records have two primary legal avenues: sealing and expungement. Both processes aim to limit or eliminate public access to criminal records, thereby reducing barriers to employment.

ABOUT YOUR RIGHTS UNDER THE LAW

Definition: Sealing a criminal record restricts public access, meaning most employers, landlords, and the general public cannot view the record. However, sealed records remain accessible to certain government agencies and law enforcement.

Eligibility:

• Misdemeanor Convictions: Eligible for sealing after a 3-year waiting period from the date of conviction or release from incarceration, whichever is later, provided there are no subsequent convictions during that period.
   
• Felony Convictions: Eligible after a 7-year waiting period under similar conditions.
   
• Non-Convictions: Cases continued without a finding that ended in dismissal, a not guilty finding, or a nolle prosequi (prosecutor dropped the case) can be sealed immediately by petitioning the court.
   

Impact on Employment:

• Once a record is sealed, individuals can legally state that they have "no record" when asked by employers.
   
• Employers are prohibited from asking about sealed records and cannot discriminate based on them.

Definition: Expungement permanently erases a criminal record, as if the offense never occurred.

Eligibility:

• Time-Based Expungement: Applicable if:

• The offense occurred before the individual's 21st birthday.
   
• The offense is a misdemeanor with all sentences completed at least 3 years ago, or a felony with all sentences completed at least 7 years ago.
   
• The individual has no more than two separate criminal cases on their record.
   
• The offense did not involve serious bodily injury, a dangerous weapon, or other disqualifying factors.
   
• Non-Time-Based Expungement: Applicable if the record was created due to:
   
  • False or unauthorized use of identity. 

• Offenses that are no longer crimes (e.g., certain marijuana offenses).
   
• Errors by law enforcement, witnesses, or court employees.
   

Impact on Employment:

• Expunged records are completely removed from all systems, and individuals can truthfully state that they have no criminal record.
   

• Ban the Box Law: Massachusetts law prohibits employers from asking about criminal history on initial job applications, with certain exceptions.

• Employer Inquiries: Employers cannot ask about:

• Arrests or prosecutions that did not lead to a conviction.
   
• First-time convictions for specific minor offenses.

• Misdemeanor convictions over 3 years old, provided there are no subsequent convictions.

• Sealed or expunged records.
   
• Discrimination: Employers cannot discriminate based on sealed or expunged records and must follow specific procedures if they intend to make employment decisions based on criminal history.