What is expungement?

What is expungement?

Massachusetts General Laws Chapter 276, Sections 100E to 100U allows people who meet certain conditions to expunge, or wipe clean, a criminal charge from their record. Examples of ways you can expunge your record include if law enforcement made an error or if the crime charged is no longer a crime.

The law has changed, and you may qualify for an expungement. Expungement means totally wiping out any evidence of the event. A criminal record, whether juvenile or adult, can follow you forever if it has personal, employment, or other collateral consequences. Expungement can close that chapter of your life for good, if you qualify.

Furthermore, a a judge determines whether or not to expunge a record in “the interests of justice”. There are two methods of expungement.

TIME-BASED EXPUNGEMENT
What is a time-based expungement?

The first is a time-based expungement. In order to qualify for this type of expungement the offense:

• That the record was created for must have happened before your 21^stbirthday
• Did not result in death or serious bodily injury, nor was the offense committed with the intent to cause death or serious bodily injury
• Not committed while armed with or carrying a dangerous weapon
• Not committed against an elderly or disabled person
• Is not a sex offense, a sex offense involving a child, or a sexually violent offense
• Not Operating Under the Influence (of liquor or drugs)
• Isn't firearms violation or a violation for illegal sale of a firearm
• Is not a violation of any restraining or harassment prevention orders
• Not an assault or assault and battery on a household member
• Isn't a felony violation under Massachusetts General Laws, Chapter 265

Additionally:

• If the offense is a felony, you must have completed all parts of your sentence at least 7 years ago. If the offense is a misdemeanor, you must have completed all parts of your sentence at least three years ago.
• You must not have any other criminal or juvenile court appearances or dispositions on file (other than motor vehicle offenses where the penalty is no more than a $500 fine)

NON-TIME BASED EXPUNGEMENT
What is a non-time based expungement?

Additionally, a person in the Commonwealth of Massachusetts qualifies for a non-time-based expungement if their criminal record was created based on:

• False use of your identification
• Unauthorized use of your identity
• Theft of your identity
• Offense(s) that is/are no longer a crime (i.e. possessing small amounts of marijuana)
• Mistakes by law enforcement
• Errors by civilian or expert witness(es)
• Mistakes by court employees
• Fraud perpetrated upon the court

IF YOU OR A LOVED ONE WISH TO EXPUNGE A RECORD, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING TO 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.

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• CORI Check and Complaints
• Drug Decriminalization
• Criminal Justice Reform Act of 2018 Summary