Boston Massachusetts Motion and Order to Seal Criminal Records

• Category: Criminal - Expungement
• State: Massachusetts
• City: Boston
• Control #: MA-EXPCRI-02
• Format: PDF

Description

This is an official state form to request to have criminal records sealed.

The Boston Massachusetts Motion and Order to Seal Criminal Records is a legal process that enables individuals to petition the court for the sealing of their criminal records. This mechanism allows eligible offenders to conceal certain criminal offenses from public view, granting them an opportunity to move forward with their lives without the stigma and negative consequences associated with a criminal record. The process begins with the filing of a motion to seal criminal records in the appropriate court. The motion outlines the specific criminal offenses the individual seeks to seal and provides a compelling argument as to why sealing the records would be in the best interest of justice. Generally, individuals must wait a certain period after the completion of their sentence or probation before being eligible to file a motion, allowing for a period of rehabilitation and decreased risk of recidivism. There are different types of motions and orders sealing criminal records, each catering to specific situations: 1. Motion to Seal Conviction: This pertains to cases where an individual has been convicted of a crime and seeks to have the records related to that conviction sealed. It is important to note that certain offenses, such as violent crimes or sex offenses, may be ineligible for sealing under Massachusetts law. 2. Motion to Seal Dismissal: When criminal charges against an individual are dismissed, they can file a motion to have all records related to the case sealed. This allows them to effectively erase any trace of the arrest or charges from their public record. 3. Motion to Seal Underage Offenses: Massachusetts law offers special provisions for individuals who were convicted of offenses committed while they were under the age of 21. These individuals can file a motion to have their juvenile or youthful offender records sealed, mitigating the potential negative impact of their past actions on future prospects. 4. Motion to Seal Non-Convictions: This type of motion applies to individuals who were arrested but not convicted of a crime. Whether the charges were dropped, dismissed, or resulted in an acquittal, the individual can petition the court to have these non-convictions sealed, ensuring they do not hinder future endeavors. Upon consideration of the motion to seal, the court evaluates factors such as the type of offense, the individual's rehabilitation efforts, the length of time since the offense, and the individual's subsequent conduct. If the court determines that the individual meets the eligibility criteria and the relevant legal standard, an order to seal is issued. This order directs law enforcement agencies, courts, and other pertinent entities to seal and restrict access to the records. However, it is important to note that certain government agencies and entities may still have access to sealed records for specific purposes, such as law enforcement background checks. In summary, the Boston Massachusetts Motion and Order to Seal Criminal Records provide a method for eligible individuals to request the sealing of their criminal records. By adhering to specific eligibility criteria and successfully demonstrating the need for sealing, individuals can effectively limit public access to their criminal records, thus improving their chances of reintegration into society and achieving positive life outcomes.