A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.
Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.
The Massachusetts Motion to Seal Juvenile Records is a legal process that allows individuals with prior juvenile offenses to request the sealing or expungement of their records. This means that the records will no longer be accessible to the public or employers, improving the individual's chances of securing employment, education, or housing opportunities. In Massachusetts, there are different types of Motion to Seal Juvenile Records depending on the specific circumstances: 1. General Motion to Seal Juvenile Records: This type of motion is available to individuals who have reached the age of 18 or older and have juvenile court records, including those who have been charged but not adjudicated delinquent. 2. Automatic Sealing of Juvenile Records: In certain cases, juvenile records may be automatically sealed without the need for a motion. For instance, if an individual has not been convicted of any crimes as an adult by the age of 21, their juvenile records will be sealed automatically. 3. Motion to Seal Records for Non-Conviction: This motion applies to individuals who were not adjudicated delinquent or convicted of any criminal offense, but still have a record of their involvement with the court system. By filing this motion, they can request the sealing of their non-conviction juvenile records. 4. Motion to Seal Records for Convictions: This motion is specifically for individuals who were adjudicated delinquent or convicted of a criminal offense as a juvenile. It allows them to petition the court to seal their records, given certain criteria are met. To file a Motion to Seal Juvenile Records, the individual must gather relevant documents, such as a certified copy of their court disposition, and complete a specific form provided by the Court. They must then submit the completed form to the Clerk's Office, pay any necessary fees, and attend a hearing to present their case. It is important to note that the sealing of records does not entirely erase the past offenses, but rather restricts access to them. In specific circumstances, such as applications for certain jobs or professional licenses, the sealed records may still be accessible. Additionally, sealing does not apply to federal agencies or law enforcement, who may still have access to the records under certain circumstances. Overall, the Massachusetts Motion to Seal Juvenile Records serves as a vital tool for individuals who wish to move forward with their lives without the burden of their past juvenile offenses. By granting relief through the sealing process, it offers opportunities for rehabilitation, promoting successful reintegration into society.
