Massachusetts Expungements Legal Questions

Hi there Allison,   While there are more circumstances to consider, and the decision as to whether a firearm license should be granted is generally in the discretion of the police chief, the answer to your question is "yes."   The Massachusetts firearms licensing laws are found here:  https://malegislature.gov/Laws/GeneralLaws/Parti/Titlexx/Chapter140/Section131 A right to carry a firearm is a personal right.  I don't see the disqualification of one household member as a categorical basis to exclude another from exercise if their constitutional right to bear arms - provided that the firearm was adequately controlled, secured, and otherwise in compliance with the law.   Second, a sealed record is not a basis for disqualification from possession of a firearm.  Depending on whether the record is sealed or expunged, the record may or may not be accessible to law enforcment.  Assuming the record is sealed (not expunged), your husband's prior convictions may or may not disqualify him from firearm possession.  Not all criminal offenses result in the loss of the right to own a firearm.   We can discuss the specifics if you like.  Please feel free to reach out to my office at (978) 474-0054, or check out my website at www.erkanlaw.com  ... Read More

If you have convictions for certain types of misdemeanors, they can be expunged after 10 years of good behavior (meaning you have had no other misdemeanors or felonies during the 10-year period). However, you mention probation, so it sounds like you received an SIS (suspended imposition of sentence), which would mean that you never received a conviction. If you were arrested and you're trying to get the record of the arrest expunged, that is only possible in situations where the person was arrested based on false information and no subsequent charges were ever filed, which does not seem to fit your situation.... Read More

If you are charged in MA, there is a chance to keep this off your record, depending on the circumstance. In most shoplifting cases, the criminal charge does not issue until after a Clerk's Hearing. If the Clerks feels there is sufficient probable cause and does not allow for an alternate disposition, then the criminal complaint will issue and you will be scheduled for arraignment. Once arraigned, the charge becomes part of your permanent criminal history. However, the Clerk may decide not to issue the complaint, either for lack of probable cause, or because they feel that an alternative disposition is appropriate. If you have not gone to a Clerk's Hearing yet, I strongly advise you to speak to an attorney. I represent many people in that situation and am successful far more often than not in securing a dismissal at that stage, saving my client a criminal charge. There is no rule that says you need to have an attorney, either at a Clerk's Hearing or even at the criminal arraignment. However, if you are serious about wanting to keep your record clean, hire a lawyer. A lawyer will almost always get a better result than a person without a lawyer. Many clerks will give you the benefit of the doubt just by virtue of the fact that you went to the trouble and expense of hiring a lawyer. Likewise, many see it as a lack of concern that people show up without counsel. It also tells the clerk that you have already paid some pain by having to dish out the money for a lawyer. In addition, there are many more important reasons to have counsel. If you wish to discuss this you can call me at the numbers below, assuming you were caught in Massachusetts. In any event, speak to an attorney before you go to court, regardless of the stage in the proceeding.... Read More

Obtaining an expungement is a fairly basic process so long as you qualify.  Qualifications include the number of convictions you have, the type of conviction, whether you've completed any parol term, and potentially others.  I wouldn't be too concerned with the "best" expungement attorney since the process does not require much argument since either you qualify or you don't.  See the link below for basis requirements in Massachusetts. http://www.lawlib.state.ma.us/subject/about/cori.html http://research.lawyers.com/Massachusetts/Massachusetts-Expungement-and-Record-Sealing.html http://www.clearupmyrecord.com/massachusetts-expungement-law.php   Simon W. Johnson swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale Avvo Justia LawGuru LinkedIn Twitter Facebook Serving Cleveland and Ohio, 44124 ... Read More

Massachusetts does not expunge charges. They do however, seal records. That would be your brother's remedy. He should be able to try it himself. If he feels he is over his head he can always hire a lawyer. Since it is a felony, there is a 10 year waiting period in MA to have the record sealed. You say it has been 20 years. He should qualify now to have it sealed.... Read More

The law regarding sealing of criminal records has been somewhat relaxed this year allowing people who did not qualify earlier to now have their records sealed. If it has been over 5 years for a misdemeanor or over 10 for a felony, you may be able to do this yourself. If this much time has not yet passed, you may still be able to do so, but it will most likely require a lawyer's assistance.... Read More

As long as the offense is not a domestic violence offense, and that felony was the only thing which interrupted your right to keep and bear arms, then yes, that should have rendered you eligible to own a firearm. There is a separate federal law which forbids those who have been convicted of a domestic violence misdemeanor from possessing firearms as well.... Read More