Sealing Criminal Records

Anytime you are arraigned on a criminal charge, an entry has been made on your criminal record. These entries appear regardless of how the case was resolved.

Having entries on your criminal record can cause you harm in many ways, often without your knowing it. You may be passed over for employment, a school may deny your admission, or a landlord may rent an apartment to the applicant with no criminal record.

There are a myriad of ways having a criminal charge can hurt you. A potential employer, admissions officer, or landlord is not going to care that you were not actually convicted of the crime.

Sealing your criminal record will help you avoid these embarrassing, harmful and unnecessary scenarios. The Law Office of Joseph Maggiacomo III, can help you minimize the economic and social problems caused by a criminal record by assisting you in having your criminal record sealed.

IMPORTANT CHANGES TO THE SEALING STATUTES

The Massachusetts CORI Reform Bill was signed into law by the Governor on August 6, 2010. The provision applicable to the sealing statutes, M.G.L. ch. 276, s.100A and 100C went into effect on May 4, 2012, and make important changes in how sealing is handled in Massachusetts.

Shortening of Waiting Periods For Sealing

The new law shortens these waiting periods to 10 years for a felony, and 5 years for a misdemeanors. In addition to satisfying the waiting period, the person must not have been found guilty of: (1) a misdemeanor 5 years before the request; or (2) a felony 10 years before the request. As to motor vehicle offenses, the penalty cannot exceed a fine of $50, and the charges sought to be sealed cannot be violations of sections 121 to 131H, inclusive, of chapter 140 or for violations of chapter 268 or chapter 268A.

Dismissals After Probation Now Eligible for Sealing

Under the new law, dismissals that resulted after a period of probation can be sealed without having to wait for the applicable time period to elapse under 100A.

Violations of 209A Abuse Orders and 258E Harassment Order Are Considered Felonies for Sealing Purposes

While violations of 209A and 258E orders are misdemeanors for the purposes of sentencing, the new law considers convictions for these crimes as felonies for the purposes of sealing. This means that a person with a conviction of either of these crimes will have to wait 10 years to seal a conviction for these charges.

ACCESS TO UNSEALED CORI

The Massachusetts CORI Reform Bill made significant changes to the extent to which a requester can access your CORI. This new law has actually increased the level of access for certain requestors in situations where the CORI is unsealed. As such, sealing one’s CORI is usually the best short-term and long-term course of action and gives you the peace of mind that your CORI will not come back to haunt you in the future.

The four main levels of CORI access, from highest to lowest, are: (1) criminal justice agencies; (2) requestors authorized or required by statute to access CORI; (3) employers, landlords, evaluators of volunteers, professional or occupational licensing boards; and (4) the general public.

Access by Criminal Justice Agencies

Under the new law, “criminal justice agencies” have the same level of access to unsealed CORI as under the old law. Criminal justice agencies can see convictions, non-convictions and pending cases.

Under the new law, criminal justice agencies and firearms licensing authorities have a greater access to a sealed CORI, and can access all convictions, non-convictions, including straight dismissals, dismissals following a CWOF, a not guilty, nolle prosequis, and even pending cases.

Access by Requestors Authorized or Required by Statute to Access CORI

These entities may have a higher level of CORI. Such an example is a children’s camp or a nursing home may obtain “all available criminal record information” in evaluating a prospective employee or volunteer.

Access by Employers, Landlords, Volunteers and Licensing Boards

Under the new laws, these types of requestors can see: (1) felony convictions for 10 years following the disposition; (2) misdemeanor convictions for 5 years following the disposition; (3) pending criminal charges, which are defined as cases which are not yet disposed of and cases that are continued without a finding (CWOF) but not yet dismissed.

The ability for an employer, landlord, volunteer evaluator, or licensing board to see a CWOF prior to the CWOF being dismissed is significant. Even though a person was not convicted of the crime, a CWOF is not a conviction, this type of requestor could still see a CWOF, until that CWOF is dismissed at the end of probation.

After the CWOF is dismissed, it will not appear on the CORI that is sent to this type of requestor. The above situation involves unsealed CORI. As with other non-criminal justice agency type requestors, if you get your CORI sealed, these types of requestors will be told you have no record.

Access by the General Public

Under the new law, the general public is limited to: (1) felony convictions, but only for felonies punishable by a 5 or more years in prison, regardless of how long ago the conviction occurred; (2) information about a person convicted of any crime, sentenced to any term of imprisonment, and at the time of the request is either incarcerated, on parole, or on probation; (3) felony convictions for crimes punishable by less than 5 years in prison. but only for 2 years following the conviction and including any period of incarceration; and (4) misdemeanor convictions for 1 year following the conviction and including any period of incarceration.

The above situation involves an unsealed CORI. If you get your CORI sealed, these types of requestors will be told you have no record.