What felonies Cannot be expunged in Massachusetts?

The offense wasn't committed against an elderly or disabled person. The offense isn't a sex offense, a sex offense involving a child, or sexually violent offense. The offense isn't Operating Under the Influence (of liquor or drugs) The offense isn't a firearms violation or a violation for illegal sale of a firearm.

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Motion to Expunge Criminal Offender Record due to Charges having been...

Suffolk New York Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

Name: Suffolk New York Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
Brand: US Legal Forms
Rating: 4.77 (383 reviews)

Category:

Criminal - Motions

State:

Multi-State

County:

Suffolk

Control #:

US-02241BG

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.

All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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Misdemeanor 3 years after you were found guilty or after any jail or prison time, whichever date is later. Felony 7 years after you were found guilty or after any jail or prison time, whichever date is later.

How Long Does it Take for the Petition to Be Granted? If your case is eligible for expungement, the District Attorney's office is notified and given a chance to object. After 65 days, the Commissioner of Probation sends the petition to courtand if there is no objection, the expungement is granted.

Felony 7 years after you were found guilty or after any jail or prison time, whichever date is later.

Massachusetts allows expungement in two circumstances: For felonies older than seven years, or misdemeanors older than three years, expungement may be available if: You have no more than 2 (two) separate criminal cases on your record. Multiple offenses arising out of the same incident are a single offense.

If you want to remove more than one conviction or arrest from your record and the dispositions were completed in different courts, you must file separate petitions with each court. You also have to file a separate Petition to Annul for each conviction you want to remove from your record.

Most Massachusetts criminal records can be sealed in one or two ways. Most cases can be sealed by mailing in a form to the Commissioner of Probation after a waiting period. The waiting period is shorter than it was before and is now 3 years for a misdemeanor and 7 years for a felony.

To have your record expunged, a petition must be filed in the Circuit Court of the jurisdiction where you were originally charged. You will need to be fingerprinted, and there is a waiting period. During that waiting period, the Commonwealth's Attorney receives a copy of the petition, and has an opportunity to object.

The offense wasn't committed against an elderly or disabled person. The offense isn't a sex offense, a sex offense involving a child, or sexually violent offense. The offense isn't Operating Under the Influence (of liquor or drugs) The offense isn't a firearms violation or a violation for illegal sale of a firearm.

Convictions You Cannot Seal These convictions include crimes against the public, certain firearm offenses, an Ethics Act violation, or specific crimes if you are a registered sex offender. Previously, individuals who were charged with the possession of marijuana were not allowed to seal their convictions.

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In Tennessee, only certain criminal records can be expunged. Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case.If you have been struggling to get a job in Suffolk County, or elsewhere in New York, due to the existence of a criminal record, do not give up hope.

Suffolk New York Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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