In the past, I have advised people not to have minor criminal records sealed. My reasoning was that when an employer or other requester sees that a record is sealed, they will assume the worst. I'm not giving that advice any more.
The Criminal History Systems Board used to note on the CORI report that the person had at least one sealed record on file. Often the assumption made by most CORI consumers was that the sealed case was a serious felony, probably a sex offense. However, that practice has been abolished. A CORI should no longer reflect sealed records. If a person has an entire record sealed, the CHSB will send a report indicating that there are no adult criminal records on file. Only law enforcement, some other government agencies and a very few employers will be able to tell that there are sealed records on file.
Sealing of criminal convictions is controlled by M.G.L. c. 276, sec. 100A. Sealing of favorable dispositions is governed by sec. 100C.
A criminal conviction in Massachusetts, including an admission to sufficient facts, cannot be sealed until certain time periods have passed (currently 10 years for a misdemeanor and 15 years for a felony), providing that there are no further convictions (except for minor motor vehicle infractions). When a case concludes favorably for a client, he or she can petition at any time to have the record sealed. There are no waiting periods under 100C.
Thanks to MassLawReform for the tip and for asking that it be passed along.
