Sealing Criminal Records

I am often asked by clients if their criminal case will result in them having a “record.” Once someone is arraigned in court for a crime, there is a “record” that they have been charged for the crime, even if the case is later dismissed. However, in some circumstances, it is possible to seal a criminal record so that most categories of individuals will not be able to view it. Massachusetts recently changed the law so that individuals who are found Not Guilty of the crime they are charged with will have the record automatically sealed unless they object to having their record sealed.

What is CORI?

Criminal Offender Record Information (CORI) is a summary of a person’s criminal case history within Massachusetts state courts maintained by the Department of Criminal Justice Information Services (DCJIS). Non-criminal matters, such as restraining orders or Department of Children and Families (DCF) reports, are excluded unless they involve a criminal offense. Even if you are found “not guilty” or your case is dismissed, you will still have a criminal record.

A criminal record can greatly impact your life, affecting employment, housing eligibility and many other matters. However, sealing your record can help mitigate these effects.

Getting a Copy of Your CORI Report

To obtain a copy of your CORI report, you can request it from the Department of Criminal Justice Information (DCJIS) in Massachusetts. If you have a Massachusetts driver’s license or ID card, you can request the report online here. Alternatively, you can mail a notarized request form with a $25 fee. Those who are indigent can waive the fee by submitting an Affidavit of Indigency. Forms and instructions are available online here.

Sealing Your Criminal Case

Once a record is sealed, the file is no longer available to the public at the courthouse. However, it is important to note that sealing your criminal record does not erase or expunge it entirely. Certain government agencies, including law enforcement and the court system, will still be able to access your sealed records if necessary.

Most convictions and other closed criminal cases can be sealed after three years for misdemeanors, and seven years after felonies, by signing and mailing the appropriate form to the commission of probation. If the case ended in a finding of Not Guilty, the record is automatically sealed unless the defendant objects. If the case ended in a dismissal, then the individual can file a petition with the court where the case was pending, and the judge has authority to seal the case without a waiting period.

It is also crucial to understand that some types of offenses, such as firearms convictions under G.L. c. 140, ¶¶121-131H, cannot be sealed.

Juvenile Court Records

Generally, employers cannot ask about juvenile court cases unless the court tried the juvenile as an adult. The waiting period to seal juvenile records is shorter than for adult records. You can seal juvenile records if:

• At least three years have passed since your case closed.
• At least three years must pass since you were last adjudicated or found guilty, excluding minor motor vehicle offenses.
• At least three years have passed since any imprisonment.

Who Has Access to Sealed Records?

Most employers and CORI requesters will not be able to find your sealed record. All criminal justice agencies (police, probation, courts) get access to sealed record information. The Department of Early Education and Care screens childcare workers and accesses sealed record information during hiring. The Department of Children and Families (DCF) and the Department of Youth Services (DYS) also access sealed cases when individuals apply to adopt or become foster parents.

Next Steps

Given the complexity of the process and the potential consequences of any errors, seeking legal guidance when sealing a criminal record is essential. At Dudley Goar, Attorney at Law, we offer zealous advocacy and expert support to guide you through each step, ensuring that all paperwork is meticulously completed and all deadlines are met. We are unwavering in our commitment to fighting for your rights. Call us today at (978) 369-1505 to discuss sealing your criminal record.