Expungement Record Keeping

CRIMINAL JUSTICE REFORM ACT OF 2018: REHABILITATION: Expungement Record Keeping

On April 13, 2018 Massachusetts Governor Charlie Baker signed into law S.2371 & H.4012 or An Act Relative to Criminal Justice Reform. The new law makes several sweeping changes to criminal justice laws in Massachusetts.

This blog post will be one post in a series dedicated to addressing one aspect of the new law: rehabilitation.

Expungement Record Keeping (Section 122)

Expungement will be defined as the permanent erasure and destruction of records.

A settlement agreement can include a stipulation or agreement to an order of expungement or sealing to be entered by the court. Such a stipulation or agreement will be filed with the court and the court will enter an order directing the expungement or sealing of those records of the claimant maintained by (ALL):

  • The department of criminal justice information services
  • The probation department
  • The sex offender registry

…that directly pertain to the claimant’s erroneous felony conviction, including documents and other materials and any biological samples or other materials obtained from the claimant.

If the settlement does not include an agreement to an order of expungement or sealing, the claimant is entitled to seek expungement or sealing from the court. 

 Record Expungement Qualifications (Section 195)

 A record that qualifies for expungement must meet the following requirements (ALL)

  • The offense that is the subject of the petition to expunge the record occurred before the petitioner’s twenty-first birthday
  • The offense that is the subject of the petition to expunge the record, including any period of incarceration, custody or probation, occurred not less than seven years before the date on which the petition was filed if the offense that is the subject of the petition is a felony, and not less than three years before the date on which the petition was filed if the offense that is subject of the petition is a misdemeanor
  • Other than motor vehicle offenses in which the penalty does not exceed a fine of $50 and the offense that is the subject of the petition to expunge, the petitioner does not have any other criminal court appearances, juvenile court appearances, or dispositions on file with the commissioner
  • Other than motor vehicle offenses in which the penalty does not exceed a fine of $50, the petitioner does not have any criminal court appearances, juvenile court appearances, or dispositions on file in any other state, United States possession, or in a court of federal jurisdiction
  • The petition includes a certification by the petitioner that, to the petitioner’s knowledge, the petitioner is not currently the subject of an active criminal investigation by any criminal justice agency

IF YOU OR A LOVED ONE HAVE A LEGAL QUESTION ABOUT CRIMINAL JUSTICE, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO. 

CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.

Source: S.2371

 

 

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