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Start With A Clean Slate We Can Seal Your Criminal Record
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Start With A Clean Slate We Can Seal Your Criminal Record
The Significance of Criminal Records
In recent years, all the Courts of the Commonwealth of Massachusetts have computerized their criminal records. Every time an individual is arraigned in Court, an entry is made on their criminal record reflecting each charge and its end result, regardless of the outcome: guilty, not guilty, dismissed, etc. The computerization of this information creates a one stop shopping system to gain criminal background information on any individual. Not only does the Court and police have access to this criminal information, but a growing number of groups and organizations do as well including: all government agencies, employers, and educational institutions among others. Having your criminal record sealed is the only way to protect yourself from being branded for life.
The Harm Caused by a Criminal Record
- Tough to get a job;
- Difficulty obtaining an auto, home, or personal loan;
- Landlords won't rent to you;
- Colleges won't accept you;
- Can't work or own a day care;
- You will likely be barred from government employment;
- You will be disqualified from military service.
When Can Your Record Be Sealed
Generally, misdemeanors can be sealed after ten years and felonies after fifteen years.
These time tables do not apply in many cases where there has not been a formal conviction and the case may be sealed immediately as long as you have a compelling reason.
How Your Record is Sealed
- A written motion must be filed with the Clerk-magistrate's Office requesting that your criminal record be sealed. Your motion must set out detailed facts in support thereof.
- A hearing must be held before a District Court judge to determine if you may go forward with your request to seal your criminal record.
- If your motion is allowed, you may proceed to a formal hearing.
- Notice of the formal hearing will be given to the District Attorney and Probation Department, and any other interested party. Notice of the formal hearing must also be posted on the Court bulletin board at least seven (7) days prior.
- If the Judge allows your motion to seal, he/she will make specific findings on the record supporting the decision to seal your record.
Benefits of a Sealed Record
- A sealed record will not disqualify you from employment in public service; or be admissible as evidence in court proceedings.
- On any employment application, you may answer "No Record" when asked of prior arrests, court appearances, and convictions.
- The criminal records retained by the respective Court will be placed in a sealed envelope. No public, private, or government agencies will have access to the information once it has been sealed.
If you need help deciding to seal your criminal record, do yourself a favor call today. At Ianello Legal Associates consultations are always free.
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