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  1. conviction was for someone's first unlawful possession of a controlled substance,
  2. charge(s) was dismissed/nolle prosequi,
  3. no probable cause OR


Since applications to seal a Criminal Offender Record Information (CORI) require a hearing, you may consider hiring a lawyer if you are not comfortable before a judge. (See our article entitled "Process for Sealing/Expunging Your Adult Criminal Record in Massachusetts").

At The Hearing: In a hearing to seal, if you don't hire a lawyer, you will need to be sure you've explained yourself thoroughly, in a 2-3 minute prepared speech to the judge. You should be comfortable with the basics of First Amendment protections, as well as the basis for the public's "right of access" to your CORI. You should also be prepared to succinctly explain why sealing your CORI won't harm the "public interest." If you have evidence for the harms you have suffered, and those harms are obviously bad for society (e.g., denial of: housing, education, financial, or job opportunities,), then you have a greater chance of succeeding without a lawyer.



Conclusion: Don't simply assume because your case is "obvious," that expungement or sealing will be granted once the court hears your "side of things." A Massachusetts Supreme Court case in 2010 reversed the granting of an expungement, even though no one doubted the charges were unfounded. To comply with the statutes on expungement or sealing may take more than mere justice or simple truth…it may take a sharp lawyer.


Overview of Massachusetts Criminal History Record Sealing/Expungements

Eligibility for Sealing/Expunging Adult Criminal records in Massachusetts

Process for Sealing/Expunging Adult Criminal Records in Massachusetts

Sealing or Expunging/Sealing Juvenile Criminal Records in Massachusetts

Process for Expunging/Sealing Juvenile Criminal Records in Massachusetts

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