Having a criminal record can have lasting consequences on attaining your life goals. For instance, a criminal record may make finding gainful employment very difficult. Or, it may make getting an education or securing housing for you and your future family a challenge.
Short of building a time machine and erasing history, what are some ways to reduce the barriers that are present after being convicted of a crime? Let’s review two potential methods to gain a fresh start within the Massachusetts legal system by removing criminal records from public view: expungement and record sealing.
What is Expungement?
Expungement is the legal process of sealing or erasing a criminal conviction from your record.
This process is different from sealing a record in that it removes all traces of a record, including from law enforcement and court records. This legal process makes it appear as if the record never existed. This means that landlords, employers, schools, and banks can not view your record. It looks as if you never had a criminal record to begin with.
In the state of Massachusetts, there are two different types of expungement you may be eligible for: time-based expungement and non-time-based expungement. For example, a time-based expungement typically requires waiting three years after a misdemeanor conviction and seven years after a felony conviction.
Other than the passage of time, other factors like the nature of the offense, age at the time of the crime, and criminal history may also affect eligibility. Not all criminal behaviors qualify or are eligible for this process. Talk to your legal team about the record you would like expunged.
What is Record Sealing?
Record sealing is slightly different from expungement in that this process limits public access to a record, but it can still be accessed by certain entities such as law enforcement agencies, government agencies (such as those completing a CORI), certain professions such as those who work with vulnerable populations, and attorneys/courts. For the most part, a sealed record makes the record unavailable to most background checks other than the agencies/individuals listed here.
Eligibility for sealing criminal convictions varies based on the nature of the conviction and the time that has elapsed. Misdemeanor convictions can be sealed three years after the conviction date or release from incarceration, whichever is later. Felony convictions require a seven-year waiting period after the conviction or release from incarceration.
The purpose of sealing records is to give individuals a fresh start by limiting public access to their past convictions. However, the process of gaining an expungement or sealing of records can be complex and not all criminal records are eligible to go through this process. Be sure to talk to your legal team regarding whether your criminal record qualifies and when/how to go about having it sealed or expunged. Talk to our team here at Patrick Conway Law.