• You may be able to have your Massachusetts' criminal record sealed.fingerprint image by dip from Fotolia.com
  
  Massachusetts does not allow criminal records to be expunged but they do allow criminal records to be sealed. Some records are sealed automatically without the need to petition the court while others require the defendant file a petition requesting the sealing of the records. The court uses its discretionary powers to decide whether to seal the records or not.
  
  

Sealing vs. Expungement

• In Massachusetts, if a petitioner is successful with their petition to seal their record, the record of the arrest or conviction still exists but will not be available to the public. A petitioner is also not required to disclose the arrest or conviction on a job application if the record has been sealed. The record may, however, still be available to law enforcement, other government agencies or a court if the petitioner is convicted of another crime in the future.
  
  

Termination in Favor of Defendant

• In Massachusetts, if a criminal case is terminated in favor of the defendant by an acquittal or because the state dismissed the charges or elected not to prosecute the case then the defendant is immediately entitled to have the records sealed. In this case, the defendant need not petition the court to seal the records. The court should automatically enter an order to deal the records.
  
  

Convictions

• A defendant convicted in Massachusetts may petition the court to have the records sealed after 10 years have passed for a misdemeanor and 15 years for a felony after the successful completion of the court-ordered sentence or probation. The defendant cannot have any subsequent convictions in Massachusetts or any other criminal case since the conviction that is the subject of the petition.