Who can expunge their record?
There are 2 different types of expungement you can qualify for.
To get a time-based expungement, the offense must be one that qualifies for expungement under G.L. c.276, § 100E-100U. For an offense to qualify, it must meet all of these criteria:
- You have no more than 2 records (but multiple offenses arising out of the same incident are considered a single offense)
- The offense didn't result in death or serious bodily injury nor was the offense committed with the intent to cause death or serious bodily injury
- The offense wasn't committed while armed with or carrying a dangerous weapon
- The offense wasn't committed against an elderly or disabled person
- The offense isn't a sex offense, a sex offense involving a child, or sexually violent offense
- The offense isn't Operating Under the Influence (of liquor or drugs)
- The offense isn't a firearms violation or a violation for illegal sale of a firearm
- The offense isn't a violation of any restraining or harassment prevention orders
- The offense isn't an assault or assault and battery on a household member; and
- The offense isn't a felony violation of G.L. c. 265
- If the offense is a felony, you must have completed all parts of your sentence at least 7 years ago. If the offense is a misdemeanor, you must have completed all parts of your sentence at least 3 years ago.
Additionally, the law allows you to expunge a record if the record was created based on:
- False use of your identification
- Unauthorized use of your identity
- Theft of your identity
- Offense(s) that is/are no longer a crime (i.e. possessing small amounts of marijuana)
- Errors by law enforcement
- Errors by civilian or expert witness(es)
- Errors by court employees
- Fraud perpetrated upon the court
What are my rights after expunging my record?
After your record is expunged, you can't be found guilty of perjury or of giving a false statement by not acknowledging your record if anyone inquires about it. You can say that you have no record after expungement.
Boston, MA 02108