QUESTION

Sealed criminal case

Asked on Oct 07th, 2013 on Criminal Law - Massachusetts
More details to this question:
I was a defendant in a criminal case that was dismissed in 1984-1985, and sealed March 2013. Can I legally swear under oath that I have never been arrested re this incident?
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1 ANSWER

Workers Compensation Attorney serving Boston, MA at Pomykato & Pomykato
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Read MGL Chapter 276 Section 100a.  The law differs depending on what type of crime you were charged with and had dismissed. An application for employment used by an employer which seeks information concerning prior arrests or convictions of the applicant shall include the following statement: “An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ with respect to an inquiry herein relative to prior arrests, criminal court appearances or convictions. An applicant for employment with a sealed record on file with the commissioner of probation may answer ‘no record’ to an inquiry herein relative to prior arrests or criminal court appearances. In addition, any applicant for employment may answer ‘no record’ with respect to any inquiry relative to prior arrests, court appearances and adjudications in all cases of delinquency or as a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution.” The attorney general may enforce the provisions of this paragraph by a suit in equity commenced in the superior court. The commissioner, in response to inquiries by authorized persons other than any law enforcement agency, any court, or any appointing authority, shall in the case of a sealed record or in the case of court appearances and adjudications in a case of delinquency or the case of a child in need of services which did not result in a complaint transferred to the superior court for criminal prosecution, report that no record exists.
Answered on Oct 08th, 2013 at 3:17 PM

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