CRIMINAL JUSTICE REFORM ACT OF 2018: REHABILITATION: Inquiring on Sealed or Expunged Records, Expungement Procedure, Falsifying Address
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.
Inquiring on Sealed or Expunged Records (Section 195)
No person is allowed to make sealed or expunged records available for inspection in any form by any person, including employers.
Expungement Procedure (Section 195)
A petitioner who has a record as an adjudicated delinquent or adjudicated youthful offender can, on a form signed under the pains and penalties of perjury, petition to expunge the record. Upon receipt of a petition for an expungement, the commissioner will certify whether the petitioner is eligible for an expungement.
If the petitioner is not eligible for an expungement, within 60 days of the request, the petitioner must be denied in writing.
If the petitioner is eligible for an expungement, within 60 days of receipt of notification of filing the petitioner, the district attorney will be required to notify objections, if any, to the petition.
Upon receipt of a response from the district attorney, if any, or within 65 days of notification to the district attorney, the petition will be forwarded along with the objections of the district attorney, if any, to the court where the petitioner was adjudicated delinquent or adjudicated a youthful offender.
If the district attorney files an objection within 60 days of receipt of notification, the court will within 21 days of receipt of the petition be required to conduct a hearing on the petition. The court will have the discretion to grant or deny the petition based on what is in the best interests of justice and will enter written findings as to the basis of its order.
If the district attorney does not file an objection within 60 days of receipt of notification the court can approve the petition without a hearing. The court will have the discretion to grant or deny the petition based on what is in the best interests of justice and will enter written findings as to the basis of its order.
The court will forward an order for expungement to the clerk of the court where the criminal record was created as well as to the commissioner of criminal justice information services.
Falsifying Address (Section 156)
Whoever knowingly and willfully furnishes (ANY):
…as may be requested for the purposes of establishing a person’s identity, to a law enforcement officer or law enforcement official following an arrest, will be punished by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than one year or by both such fine and imprisonment.
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 CONTACTCRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.
CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.