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Boston, MA Lawyers Explain the Process of Expunging Criminal Records

a year ago
15

Expunging criminal records is a legal process that allows individuals to have their criminal records erased or sealed. In Boston, MA, the process of expungement is governed by specific laws and procedures. Let's dive into the details:

Eligibility for Expungement

Not all criminal offenses are eligible for expungement in Boston. Generally, minor offenses or cases where charges were dismissed or resulted in acquittal have a higher chance of being expunged. On the other hand, serious crimes like murder or sexual offenses are usually not eligible for expungement.

Filing a Petition

To start the expungement process, an individual or their lawyer must file a petition with the appropriate court. The petition should include details about the case, the reasons for seeking expungement, and any supporting evidence.

Review by the Court

Once the petition is filed, the court will review the case and determine whether it meets the eligibility criteria for expungement. The court may consider factors such as the nature of the offense, the individual's criminal history, and their rehabilitation efforts.

Notice to Relevant Parties

After the court review, notice will be given to the relevant parties involved in the case, such as the prosecutor or law enforcement agencies. These parties may have an opportunity to object to the expungement request or present their arguments.

Court Hearing

If there are no objections or after considering any objections, the court will schedule a hearing. During the hearing, the individual or their lawyer will present their case for expungement, including any supporting evidence or arguments. The court will then make a final decision based on the evidence and legal arguments presented.

Expungement Order

If the court grants the expungement request, an expungement order will be issued. This order directs the relevant agencies, such as law enforcement or the Department of Criminal Justice Information Services, to seal or destroy the criminal records associated with the case.

It's important to note that the expungement process and eligibility criteria may vary depending on the jurisdiction and the specific laws in place. Therefore, it's advisable to consult with a qualified lawyer familiar with the laws in Boston, MA.

For more information, you can refer to the Massachusetts government website or consult with a local Boston lawyer specializing in criminal law.

I hope this information helps! If you have any further questions, feel free to ask.

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