QUESTION
Is it possible to petition to seal my record even if I haven't waited the full waiting period?
Asked on Jun 08th, 2013 on Criminal Law - Massachusetts
More details to this question:
I have armed robbery an assault and battery w/shod foot, from 2006. I was released three years later. I have done extensive rehabilitation and self improvement since.. I know in mass there is a waiting period of ten years for felonies to be sealed by mail. My question is is it possible to try and seal it now? Even though the ten years isn't up yet? I can provide proof that having it open hurts me more than it hurts the public(burden of proof). I read online somewhere that this is possible but wanted to double check since there is a ten year waiting period for most cases. Any info on this or steps I need to take would be tremendously appreciated!
1 ANSWER
The short answer is yes. You have to petiton the court where the charge was brought. There are two hearings. The first involves an initial appearance to see if the court will accept your request. If you pass the initial hearing, then the court posts your request ( usually in the courthouse) for the public or anyone to challenge your request. The District Attorney must be notified and they will object. The second hearing is a full hearing on your request. A motion, affidavit and memo of law must be filed. It is not easy to win; you will need an attorney.
Answered on Jun 09th, 2013 at 4:19 PM