Fighting For Your Rights During Expungement Proceedings

Over 21,000 individuals are brought before the court annually for crimes in Boston alone. This does not include the thousands of people living on probation, with open warrants, or for whom restraining orders are in place.

If you have been living with a criminal record, you are all too aware of the difficulties associated with conviction. You struggle with limited rights, increased prejudice and difficulty obtaining jobs, obtaining living space and availing social services. But, thanks to criminal law justice reform, expungement is now an option for many people with criminal records or restraining order records. The Law Office of Philip L. Arnel can help you restart your future through expungement or criminal record sealing.

Is Expungement An Option For You?

There are a number of reasons and methods for addressing a prior conviction, including sealing records, correcting faulty or erroneous arrest-fingerprint records, or expunging your conviction entirely. Generally speaking, you might qualify for expungement if you fulfill the following requirements:

• Under G.L. c. 276, §100K, your offense is no longer the basis for a crime or was based on misinformation such as identity fraud, police or witness errors, or fraud upon the court; or
• Under G.L. c. 276, §100F, §100G, or §100H, you were under 21 years of age at the time of the offense was committed; and
• You have no additional criminal offenses; and
• You have completed your case either three years prior for a misdemeanor or seven years prior for a felony; and
• Your offense is not an excluded one under the expungement law.

Expungement law can become complex and may be subject to appeal or to objection from the state. As expungement attorneys, we can provide you with strong advocacy and help you obtain an expungement or sealed record when possible.

Frequently Asked Questions About Record Sealing And Expungement

People in Westwood and Norfolk County often have questions about where criminal records are handled and how sealing or expungement may affect future background checks or licensing matters. These answers address several important Massachusetts criminal record issues.

Which local courts handle criminal record sealing and expungement petitions for offenses originating in Westwood, Massachusetts?

The correct court generally depends on where the original case was prosecuted. Dedham District Court, at 631 High Street in Dedham, generally handles misdemeanors and certain felony matters originating in Westwood. Judicial sealing or expungement requests tied to those cases are typically filed through that court.

More serious felony cases may be handled through Norfolk Superior Court, located at 650 High Street in Dedham. Administrative sealing under Massachusetts law may instead be handled through the Commissioner of Probation rather than a local court filing.

Can local police departments access sealed or expunged records when evaluating a License to Carry firearms permit?

Yes, but sealed and expunged records are treated differently. A sealed criminal record is restricted from ordinary public access, but authorized government agencies may still be able to review it in some cases.

Massachusetts firearms licensing authorities can access some sealed criminal record information when evaluating a License to Carry application. An expunged record receives broader protection because the record is removed from the systems covered by the expungement order. Other firearms eligibility rules still apply.

How does a Continuance Without a Finding affect the timeline for record sealing?

A Continuance Without a Finding, or CWOF, can result in dismissal if the person successfully completes the required conditions. For administrative sealing under Massachusetts General Laws Chapter 276, Section 100A, misdemeanor records generally require a three-year waiting period and felony records generally require seven years. With a CWOF, timing is tied to the final disposition of the case rather than simply the arrest date.

Because the case remains open until the continuation period ends and dismissal is entered, reviewing the actual docket and disposition date is important when determining when the record may become eligible for sealing.

Speaking With The Law Office of Philip L. Arnel

Contact our office today to schedule a free consultation. We will review the circumstances of your conviction and help determine if expungement is an option for you. Dial 888-651-2150 or reach out online.