transcript

transcript  Frequently Asked Questions

[ Music ]

On screen text: "Introducing Massachusetts Probation Services"

[Massachusetts Probation Service seal]

On screen text: "Massachusetts Probation Services strives to increase community safety, reduce recidivism, contribute to the fair and impartial administration of justice, support victims and survivors and assist individuals and families in achieving long-term positive change."

On screen text: "The Commissioner of Probation, Edward J. Dolan, and his office oversee the Massachusetts Probation Service and the Office of the Community Corrections, which includes 105 probation departments and 18 community corrections centers, the Electronic Monitoring Center, and the Trial Court Community Service Program. Probation officers working in adult criminal courts (Superior Court, Boston Municipal Court, and District Court) supervise pre-trial and post-disposition cases."

On screen text: "Part 4: Frequently Asked Questions"

[Probation Officer and Shawn are seated across from each other at the Probation Officer's desk in her office.]

Probation Officer: Hey, Shawn, how are you? How's everything going since the last time I saw you?

Shawn: Not bad. Just still getting used to being home, being out.

Probation Officer: Yeah.

Shawn: But I definitely have had some thoughts and questions run around my head since I last saw you. One of the things I decided that I really want to do is I want to get my records sealed. So, if you can point me in the right direction as to who I need to talk to, where I've got to go, I really want to like get this done as soon as possible.

Probation Officer: Okay. Well, first, sealing, it's based on time standards. You just got out last week. And because this isn't a sex offense, and it's a felony, so it would be seven years from the time you were released.

Shawn: Okay.

Probation Officer: Unless you violate probation and your probation is revoked, hopefully that doesn't happen, then it would be from that new date that you were released on the violation.

Shawn: All right.

Probation Officer: So, it's seven years, but I do see, 

[Probation Officer looks at papers on her desk]

Probation Officer: When I look at your records, I do see that you have some misdemeanors and a juvenile record that, you know, you can seal or petition to seal, because it doesn't happen automatically. You do have to request for these cases to be sealed through the Commissioner of Probation

Shawn: Okay.

Probation Officer: Office. And there's an actual sealing department. I can give you the number. Usually with misdemeanor or juveniles, it's three years, depending on, again, a date of release, or

[Probation Officer looks through paperwork]

Probation Officer: it looks like you were on probation in juvenile, so it would be from the end date of that

Shawn: Okay.

Probation Officer: Probation for your juvenile case. But I can definitely give you the number of the Commissioner of

Shawn: That doesn't automatically get sealed?

Probation Officer: Probation's Office.

Shawn: I have to reach out to somebody?

Probation Officer: No, you have to request for it to be sealed. So, you would go through the sealing department at the Commissioner of Probation's Office. And I can definitely give you that number.

Shawn: Okay. What about if I, what about if I want to get my record expunged? Like, is that easier or is that quicker? I mean, to be quite honest with you, I don't know what the difference is between having my records sealed or expunged, but if one's better than the other, sign me up for that one.

Probation Officer: Expungement is actually harder because it's based on time or reason-based. So, I can, you can contact the Commissioner of Probation Office. They have an expungement department. But the difference between expungement and sealing is sealing, that certain case that was sealed, could be kind of, it's kind of blocked from most jobs, housing, if you want to go back to school. But, you know, law enforcement or courts can still see that. So, you know, depending on the job you're going for, you know, even healthcare jobs, they'll still be able to see that, whereas expungement, it's completely erased from your record like it never happened.

Shawn: Okay.

Probation Officer: So, again, you know, I can give you the number to the Commissioner of Probation, and you just ask for the expungement department.

Shawn: All right. Well, I mean, so it's not like I can do it anytime soon, so I don't think I need the number today, but maybe later on.

Probation Officer: Yeah, I can definitely give you that.

Shawn: Okay.

Probation Officer: What else has been bothering you?

Shawn: Not really bothering me, but my family, they're excited that I'm out, that I'm home, and they kind of want to celebrate. So, they want, they want to go to Florida next week for a family vacation. So.

Probation Officer: Wow. Next week, huh? Well, like I told you the first time we met, you need permission from probation to travel. 

[Probation Officer reviews documents on her desk.]

Probation Officer: I see that you have no GPS, you know, usually if you're on GPS, you have to go in front of the court and petition for travel. You know, you don't have that, you don't have SCRAM or anything like that. So, what about intimate partner abuse prevention program?

Shawn: Oh, yeah, yeah, yeah. I had my intake last week, and they said they were going to send something to you. But they didn't give me a start date yet.

Probation Officer: Okay.

Shawn: They said that they're in the middle of a group right now. So, I shouldn't be getting a start date until after I come back from Florida anyway.

Probation Officer: Okay. So, I have to run it by my supervisor, but what I need from you in order to actually give you permission to travel, I need the exact dates that you're going.

Shawn: Okay.

Probation Officer: The exact location where you're going to be staying, how you're traveling. So, whether it's, you know, a plane, car, you know, we need an itinerary.

Shawn: I've got all that, I've got all that.

Probation Officer: Okay. And I need a contact number aside from you as to who you're going to be with in case I need to contact you.

Shawn: Okay.

Probation Officer: But obviously, again, I have to run it by my supervisor. Do you think you can come back maybe Friday at 10:00?

Shawn: Yeah, yeah, yeah.

Probation Officer: And give me all that?

Shawn: I'm not working right now, so, yeah, so I can, I'll just get a ride, and I've got all that stuff, so I will definitely be back on Friday with that for you.

Probation Officer: Okay, cool. So, as long as we have all that and, you know, my supervisor is satisfied, then we'll give you the permit on Friday, and you just have to keep it with you at all times, you know, as you travel. And then when you come back, you need to check in with me when you come back.

Shawn: All right. No problem.

Probation Officer: Okay? Anything else?

Shawn: Yeah, one last thing. I was looking at my conditions again, and I'm seeing these fees. And I just got out, I don't have a job, you're telling me I can't seal or expunge my record anytime soon, and that's going to, that's playing into whether I get a decent job or not. So, I'm just stressing out a little bit, like how do you expect me to pay these fees when I'm not working? And I just don't know what to do right now.

Probation Officer: So, again, I did mention this the first time I met you, but you were probably overwhelmed with everything. But your fees are automatically waived for the first six months following, you know, your sentence.

Shawn: Oh, that's awesome.

Probation Officer: So, you don't have to worry about it for six months. In six months' time, you know, depending on if you're working, if you're not working, we can address it again. If you're working, you know, you still have to verify your employment to me once a month. But you could bring in your latest pay stub.

Shawn: Yep.

Probation Officer: And do you remember when you were first arraigned on this, you had to, you had to fill out an intake?

Shawn: Oh, yeah, yeah, yeah. Yeah, the judge gave me an, the judge gave me an attorney.

Probation Officer: Okay, yeah, so, it would basically be that same form that we would fill out. And then we could go in front of the judge, and the judge can determine, even if you're working, if you're, your ability to pay the fees, and the judge can waive the fees if you qualify.

Shawn: Okay.

Probation Officer: I hope that answers everything.

Shawn: Yeah, I mean, as far as like at least maybe I can travel and I don't have to worry about paying my fees right away. So, I definitely feel a little bit better. So.

Probation Officer: Give yourself some time. I think everything will be okay.

Shawn: Okay.

Probation Officer: But I'll see you Friday at 10:00.

Shawn: Sounds good.

Probation Officer: And, you know, just make sure you bring all of that, because we won't be able to allow you to travel without that.

Shawn: Okay, all right.

Probation Officer: All right, Shawn?

[Shawn stands up to leave.]

Shawn: I'll have all that stuff.

Probation Officer: All right.

Shawn: Thanks.

Probation Officer: We'll see you on Friday.

[Shawn leaves the office.]

[ Music ]

On screen text: "Produced by:  The Massachusetts Trial Court Public Outreach Committee, Massachusetts Probation Services & Suffolk University.  Executive Producers: Hon. Mark D. Mason & Brian J. McDermott. Director: Chris Dwyer.

This production would not have been possible without the support of the Executive Office of the Trial Court, Paula M. Carey, Chief Justice, Massachusetts Probation Services, Edward J. Dolan, Commissioner of Probation, and Suffolk University.

Part 1: Probation Officer Luis Aviles, Worcester Superior Court; Probation Officer Justin G. Yawn, Plymouth Superior Court; Chief Probation Officer Brandon McClellan, Plymouth Superior Court; Coria Holland, MPS Communications Director

Part 2: Probation Officer Luis Aviles, Worcester Superior Court; Probation Officer Justin G. Yawn, Plymouth Superior Court; Assistant Chief Probation Officer Diane Barry, Plymouth County Superior Court; Coria Holland, MPS Communications Director

Part 3: Vincent Lorenti, Executive Director of the Office of Community Corrections; Jenna Jacobson, Office of Community Corrections; Coria Holland, MPS Communications Director

Part 4: Jeanelle Altiery, MPS Field Services Operations Coordinator; Sean Houghton, MPS Field Services Administrator; Fabiola White, MPS Administrative Attorney; Coria Holland, MPS Communications Director

Part 5: Probation Officer Justin Brennan, Cambridge District Court; Probation Officer Joshua Garcia, Lowell District Court; Chief Probation Officer Damon Banks, Cambridge District Court; Coria Holland, MPS Communications Director

For more information regarding Massachusetts Probation Services, call: 617-727-5300 or visit: https://www.mass.gov/orgs/massachusetts-probation-service.

The characters and events depicted in this video are entirely fictitious. Any similarity to actual events or persons, living or dead, is purely coincidental."

[Image of the Massachusetts Probation Service seal]