Navigating the legal system can feel overwhelming, especially when a past mistake is impacting your future. If you or a loved one in the Woburn area has a juvenile criminal record, you may feel like that record will follow you forever. But that’s not always the case. Massachusetts law provides ways to clear your name and help you move forward. We are here to help you understand the difference between sealing and expunging a juvenile record, what the process involves, and what it could mean for your future.

The Purpose of Juvenile Records in Massachusetts

The Massachusetts legal system views juvenile cases differently from adult criminal cases. The law’s main goal is to rehabilitate young people, not simply to punish them. The intent is to give minors the chance to learn from their mistakes without a permanent record holding them back. Even so, a juvenile record can still create significant barriers. It can show up on background checks, affecting opportunities for employment, housing, and higher education.  There is also a common misconception that a juvenile record is automatically sealed when a person turns 18.  This could not be further from the truth.

What Is the Difference Between Sealing and Expunging?

While both sealing and expunging limit public access to a record, they are not the same thing. Understanding the key distinction is crucial to deciding which path is right for you.

Sealing a record makes it unavailable to the general public. For most people and for most purposes, a sealed record means you have no record. For example, if an employer asks if you have a criminal record, you can legally say “no.” While the record still exists, it is removed from the public file and can only be accessed by certain parties, like law enforcement agencies, and most K-12 schools, in limited circumstances. 

Expunging a record is a more powerful remedy. When a record is expunged, it is permanently erased or destroyed. It is as if the event never happened. The record can no longer be seen or used by anyone, including law enforcement and courts, with very narrow exceptions, and this option is much more limited than sealing and only applies to specific types of offenses.

Sealing a Juvenile Record in Massachusetts

The process for sealing a juvenile record is primarily governed by Massachusetts General Laws Chapter 276, Section 100B. A record can be sealed once a certain amount of time has passed since the end of the case.

Eligibility Requirements for Sealing:

  • A period of at least three years must have passed since the final disposition of the case, including any time on probation, court supervision, or commitment.
  • You must not have any new criminal charges or adjudications pending in any court.
  • The case must not have been transferred to Superior Court for prosecution as an adult.

The Sealing Process: The first step is to obtain a copy of your own juvenile court record from the Massachusetts Probation Service. This record is called a CARI, which stands for Criminal Activity Record Information. This report helps you understand what is on your record and which cases are eligible to be sealed.

After you review your CARI and determine eligibility, you must file a Petition to Seal with the Commissioner of Probation in Boston. This petition must be filled out correctly and signed under the penalties of perjury. Once the petition is filed, the Commissioner of Probation will review the request. If everything is in order, the Commissioner is required to seal the record. There is no hearing to attend and no need to go before a judge.

If your charge is dismissed, you may seek to have your record of that charge sealed without the 3 year waiting period.  However, this will require you to have a hearing before a judge, in which you must demonstrate “good cause” to have the record sealed, which outweighs the public right to access to it.  

If there is a finding of no probable cause or you are acquitted (not delinquent / not guilty) after trial, your record should be sealed automatically by the court, without the need to do anything.  

Expunging a Juvenile Record in Massachusetts

Expungement is a newer legal option in Massachusetts, created to provide a more comprehensive clean slate for certain individuals, but it is not as widely available as sealing and applies to a limited number of cases.

Expungement Eligibility: For a time-based expungement, which is the most common type, an offense must meet several strict criteria:

  • It must be a misdemeanor that did not result in death or serious bodily injury, and was not committed with a dangerous weapon.
  • It cannot be a sex offense.
  • A specific amount of time must have passed since the end of the case—three years for a misdemeanor and seven years for a felony.
  • There must be no new criminal charges pending.

The process for expunging a record is more complex and involves a judge’s discretion. A judge will review the petition and may schedule a hearing. You will have to show the court that expunging the record is in the public interest and would not pose a risk to public safety.

What a Fresh Start Can Mean for You

Having a juvenile record sealed or expunged can change your life for the better. It can open doors to new jobs, educational programs, and professional licenses that may have seemed out of reach. It can provide peace of mind and the ability to move forward with confidence, knowing a past mistake is no longer a barrier.

Our team at Contant Law understands the legal landscape in Massachusetts. We approach every case with the helpful, compassionate, and empathetic support our clients deserve. Whether you are in Woburn, Boston, or a surrounding community, we are here to guide you through the process step by step. We believe in second chances and are committed to helping you achieve them.

To learn more about your options for sealing or expunging a juvenile record, please do not hesitate to reach out. We are available to answer your questions and provide the support you need. Contact us today at 617-221-8221 to schedule a consultation.