Is Sealing a Criminal Record something you need to address to get a job, credit or housing?

In cases where you have not been convicted, for example, you may have been given a CWOF (continuation without a finding), or you were acquitted at trial, or your case was nolle prosequi (no prosecution), or dismissed, then it is possible to petition the court to have your record sealed immediately. You will need to fill in the relevant petition forms, present a motion and/or affidavit. You may or may not be called for a hearing based on your petition.

If you have been convicted of a felony, then you will have to wait 10 years before your record can be sealed. A misdemeanor requires you to wait 5 years from the time you were found guilty or from the date of release from incarceration. In either case, you must not have been charged with another crime.

If you were found guilty of a sex offense, then you must wait 15 years after you were found guilty or after any jail or prison time or after you no longer need to register as a sex offender. The count starts from the later date. Sex offenders that are Level 2 or Level 3 cannot seal their record.

You can also have a record sealed if what you were convicted of is no longer a crime in Massachusetts.