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Massachusetts Record Sealing Lawyer
A sealed criminal record can open doors that a visible conviction has kept closed. Attorney Jeffrey C. Lavey guides Massachusetts clients through every step of the record sealing process. Free consultation.
Criminal Record Sealing in Massachusetts
Massachusetts law allows eligible individuals to seal their criminal records from public view, making the sealed records inaccessible to most employers, landlords, and educational institutions. A sealed record does not appear on a standard criminal background check. Record sealing can be transformative for people who have served their sentences and rebuilt their lives but continue to face the barriers that a visible criminal record creates. Attorney Jeffrey C. Lavey helps eligible Massachusetts residents navigate the record sealing process.
Who Is Eligible for Record Sealing
Massachusetts allows sealing of criminal records after the completion of a waiting period that depends on the nature of the offense and the outcome of the case. Misdemeanor convictions and non-conviction dispositions have different waiting periods. Certain categories of offenses, including sex offenses against children and some violent offenses, may not be eligible for sealing. Petitions for sealing are considered by the court, which evaluates the applicant’s rehabilitation and the balance between the individual’s interest in sealing and the public’s interest in access. Attorney Lavey evaluates every client’s specific record for eligibility.
Non-Conviction Records
In Massachusetts, records of charges that did not result in conviction, including cases that were dismissed, resulted in a nolle prosequi, or ended in a not-guilty verdict, may be sealed through a separate process. Many people do not realize that even an arrest that did not lead to a conviction can appear on a criminal record check and affect employment opportunities. Attorney Lavey helps clients seal non-conviction records as well as conviction records where eligible.
The Sealing Petition Process
The record sealing process involves filing a petition with the appropriate court, providing required information about the offense and the waiting period, and in some cases appearing for a hearing. The court has discretion to grant or deny sealing petitions based on the factors specified in Massachusetts law. A well-prepared petition that presents the applicant’s rehabilitation, employment history, and the specific ways the record has affected their life gives the strongest foundation for a successful outcome. Attorney Lavey prepares and submits every sealing petition with the supporting documentation that maximizes the probability of approval.
The Impact of Record Sealing
A sealed Massachusetts criminal record does not appear on most standard background checks and may be answered “no” on most private employment applications. This can make the difference in obtaining a job, housing, or admission to an educational program. Certain government positions, law enforcement careers, and licensed professions may still have access to sealed records or may ask about them specifically. Attorney Lavey advises every record sealing client on the specific effect of sealing on their particular circumstances before proceeding.
Frequently Asked Questions
Waiting periods depend on the type of case and disposition. Misdemeanor convictions require a waiting period after the completion of any sentence or probation. Felony convictions have a longer waiting period. Non-conviction records may be eligible sooner. The specific waiting period applicable to your specific charges and dispositions is something Attorney Lavey calculates in every initial record sealing consultation.
When a person has multiple cases on their criminal record, all must be eligible for sealing before a court will typically grant the petition. The waiting period runs from the most recent conviction or case disposition. Attorney Lavey reviews the complete criminal record in every case and advises on the timing and scope of the sealing petition based on all items on the record.
Massachusetts requires disclosure of sealed records in certain professional licensing contexts, including law enforcement, education, and certain healthcare licenses. The specific disclosure requirements depend on the licensed profession. Attorney Lavey advises every record sealing client on the specific disclosure obligations that apply to their current and anticipated professional activities before proceeding with sealing.
No. Sealing makes a record inaccessible to most background checkers but the record still exists. Expungement, which is available in limited circumstances under Massachusetts law, actually eliminates the record. The eligibility requirements and process for expungement are different from sealing. Attorney Lavey advises clients on both options and whether either or both apply to their specific circumstances.
Attorney Jeffrey C. Lavey — Licensed Massachusetts Attorney
Attorney Jeffrey C. Lavey is licensed to practice law in Massachusetts and has represented clients throughout Middlesex County and Massachusetts for over 37 years. He handles every case personally, no associates, no handoffs. Call (781) 938-1400 for a free consultation.
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