Sealing My CORI

Should I seal my criminal record?

If you can do it, sealing your record is nearly always a good idea. If your record is sealed and you apply for most jobs or housing, then the sealed record will not appear on your CORI report. Sealing your record will not arouse suspicion or create a "red flag".

If all your cases are sealed, the CORI will say "No Adult Criminal Records on File". It will not show that you have sealed records on file. Also, if your cases are sealed, Massachusetts law says you can answer "no record" if an employer asks if you have a criminal record.

Police and other law enforcement agencies will be able to see that you have at least one sealed record on file. They can ask the court to unseal the record.

Other than the police and law enforcement agencies, only a very few places (such as the Department of Youth Services and the Department of Social Services) will be able to see that you have sealed records.

How do I seal my criminal records?

There are different ways to seal criminal records, using three different laws. The first law lets you seal some convictions after a waiting period. The second law lets you seal some cases where there was no conviction (like dismissed cases, not guilty findings, and others). The third law lets you seal some misdemeanor drug posession cases.

1. Convictions (guilty plea finding or verdict)

Massachusetts law allows criminal records to be sealed after a waiting period:

Misdemeanors may be sealed after a waiting period of 10 years;
Felonies may be sealed after a waiting period of 15 years.

Note:

In Massachusetts, a misdemeanor is any crime that is punishable by a maximum of 2½ years of incarceration. A felony is a crime that is punishable by more than 2½ years of incarceration (even if your sentence was shorter). The Master Crime List is a guide that shows which crimes are misdemeanors and which are felonies in Massachusetts.

The waiting period to seal each case begins at the "final disposition" of that case.

The final disposition is when:

• the case ended in court,
• when probation ended, or
• when a person is released from prison or parole -- whichever is latest.

For instance, if your sentence in a case was probation, the date you finished probation is the date of final disposition. The waiting period begins after your probation has ended.

If you have more than one conviction, the waiting period to seal your record starts with the final disposition of the newest conviction. You can not seal your CORI (even if 10 or 15 years have passed) if you have been convicted for anything (except for certain minor traffic offenses) in the 10 years before you ask to seal your record. This rule affects people who have more than one conviction on their CORIs.

Example

If a person was convicted of assault and battery (a misdemeanor) in 1992, and the person’s probation ended in 1993, then the case could usually be sealed in 2003 or later, since that is 10 years after the final disposition. But if that person was later convicted of disturbing the peace (also a misdemeanor) in 1999, and finished probation in 2000, then this newer conviction would start the waiting period all over again. So now that person has to wait until 2010 to seal both the assault and battery conviction and the disturbing the peace conviction.

To seal your record under this law, you need a form called a Petition to Seal. You can print a copy of the form, or call the Office of the Commissioner of Probation at 617-727-5300 to ask for a copy of the form. There is no fee.

Once your record has been sealed, Massachusetts law allows you to answer "no record" if an employer asks you if you have a criminal record.

2. Dismissed, Not Guilty, and other non-conviction cases

If your case ended with a dismissal, a not guilty finding, a "“no probable cause" finding,or a nolle prosequi (where the prosecutor does not wish to prosecute the case, also called a nol pros), there is no waiting period to have the case sealed. You will need to ask a judge of the court that handled the case to seal the case, and it is up to the judge to decide whether or not to do so.

To ask the court to seal your case, you will need to go back to the court where the case was heard. For example, if you have a charge at the Roxbury District Court and a charge at the Dedham District Court, you will have to go to each court to seal the records. A list of courts and their addresses and phone numbers is available online. You must go to the Criminal Clerk’s office at the court to get a Petition to Seal form. Once you get the petition to seal, fill it out and return it to the clerk. The clerk will post your request in the courthouse for seven days. The clerk will also tell you when to come back to the court for a hearing with the judge.

You will have a short hearing before a judge where you can present your case to have your record sealed . At the hearing, you can either explain your case yourself, or you can hire a lawyer to speak for you. Many people go to these hearings without a lawyer and win.

If you will not have a lawyer, you will need to get ready for your hearing. Before the hearing date, prepare a short, three-minute explanation about how the records you are trying to seal have kept you from getting jobs, housing, or other services. If you have them, bring rejection letters from jobs and housing to the hearing.

At this hearing, you need to explain your record and try to convince the judge of three things:

1. That there is a "compelling government interest" in sealing the records (for instance, it benefits the state if you can get a job, housing, or other services).
2. That this compelling government interest is greater than the First Amendment interest of the public to be able to see court records.
3. That it is in the interest of fairness or substantial justice to seal your record.

You should explain your record. Very briefly, explain what happened when you were charged. If you could show that the charge was false, that could help your case for sealing. Tell the judge how your life has changed since you were in court for this charge. If you have not been involved with the police recently, it is important to tell that to the judge.

In some courts, the judge may want a second hearing, which will be similar to the first one. You will need to present your explanation again.

After the hearing, you will get a letter in the mail with the judge’s decision. If you do not hear from the court in seven to ten days, or if you have any questions, contact the Criminal Clerk’s office at the court.

3. Misdemeanor drug possession offenses

Certain misdemeanor drug possession offenses can be sealed without the ten-year waiting period. Courts may seal a conviction for a first offense of possession of a controlled substance. Courts shall seal a first conviction of possession of marijuana or a class E substance. Courts also shall seal a record where a person was found not guilty of possession of a controlled substance, or the case was dismissed or ended with a nolle prosequi (or nol pros). A nolle prosequi is the prosecutor’s statement that she does not wish to prosecute the case.

To seal criminal records under this law, you will need to petition to seal your record at the court where the case was heard. A list of courts and their addresses and phone numbers is available online.

You must go to the Criminal Clerk’s office at the court to get a Petition to Seal form. It is the same form that is used for sealing dismissed cases, but you need to check the box at the top of the form that applies to drug charges. Once you get the petition to seal, fill it out and return it to the clerk. The clerk will schedule a hearing in your case.