How do I seal my criminal record in 3 years…

Please seal my criminal record – Massachusetts passed a new crime bill earlier this year which allows you to ask the Board of Probation that very question earlier than before. Specifically, and with some exceptions, you can petition the Board of Probation to seal any misdemeanor conviction three (3) years (reduced from five (5)) from the date that you disposed of your case or were release from incarceration. Concerning a felony conviction, that wait time to seal your record was reduced from ten (10) years to seven years (7).

Additionally, there is a mechanism under Massachusetts law that allows you to seal your record prior to the expiration of the set standards issued by the Board of Probation.  A decision that came into play in the last few years, Commonwealth v. Pon, changed the way the court must consider your petition to seal your criminal record.  Specifically, the precedent set requires a six factor analysis with a reduced burden on the petitioner.  The court will now consider any disadvantages the defendant faces, rehabilitation, the circumstances surrounding the charge at the time, the passage of time since the offense, and the nature and reasons for the disposition.

You can move to “seal my criminal record” either directly through the Board of Probation or through the court directly.  Your case and the particular situation surrounding your case will determine which method is the most appropriate.

There are a few charges that are not eligible for sealing, but others are now eligible to be expunged – especially if you violated the law as a juvenile offender or prior to attaining the age of 21.

If you are interested in finding out more about sealing your record or moving to expunge your record, please contact the Law Office of Kristen F. Bonavita.

Attorney Kristen F. Bonavita can be reached for a free consultation at (978) 376-6746