In Massachusetts, a lot of people with criminal records can expunge themselves under some specific circumstances. Legal statutes enable people to undergo expungement, which enables specific one-time offenders to erase all their past criminal records. The process of expungement of your records essentially gives an individual a clean record, and prior detentions or arrests of the individual are overlooked. The state deems that the individual has never been prosecuted previously. This small article will provide more details on this matter.
Who is eligible for an expungement?
The legal statutes clarify that an expungement’s main goal is to provide relief to one-time offenders who have led lives of rectitude and have disassociated themselves from unlawful activities. Repeat and habitual offenders are not eligible for this. Sometimes, exceptions happen when individuals are charged for disorderly behavior. However, such cases need legal mediation, and only a judge can make the decision.
Why is expungement important?
There are multiple reasons for the expungement of criminal records. Commonly, the reasons pertain to reasons of employment. Many employers make mandatory criminal background checks on new employees, an expungement of your records can help individuals seek a job. Travel concerns are also a reason. People are skeptical that their past criminal records can cause problems during international travel, even if insignificant. Sometimes, individuals seek expungement to close past embarrassing events.
Do you need an attorney?
An attorney is not strictly required to file an expungement. But, the procedure needs the claimant to be present in court on hearing dates. There are other legal technicalities also, and it would do good to have some legal counsel. If you want to seek expungements in Massachusetts, then you should hire an attorney.
What is the process of expungement of your records?
After it is established that an individual can be expunged, judges will consider if they enough time on their hands because expungement cases take a lot of time. The time periods of expungement cases span several hearings as it considers all essential aspects of a case from the time of the claimant’s conviction to the time he served in prison or if he had paid his full fine and so on.
For more serious offenses, the claimant needs to wait a period of at least 10 years before he can file a case of expungement. In less serious and petty cases, the claimant has to wait for five years. In case an individual is not convicted, then he does not need any waiting period. It is also important to check that the claimant does not have any pending cases during his hearing. This can get the claimant in trouble and even bar him from expungement.
Expungement is a legal statute that enables one-time offenders to get a clean and fresh start. Expungement clears them of past criminal offenses and erases their records. It is important to get a lawyer when you want to file an expungement petition in court to expedite the process.