Full question:
I got convicted of a misdemeanor DUI in MA 2 years ago, how long until I can get my record sealed?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Massachusetts
Answer:
In Massachusetts, a first or second offense DUI (OUI) is a misdemeanor. A third or subsequent offense is a felony and carries mandatory jail time. A misdemeanor DUI will remain on your record unless you have it sealed by the court. If you do not seal your record and are arrested again, the DUI will count as a prior offense.
Massachusetts law does not allow for expungement of convictions. Under G.L. c. 276, § 100C, you can have your record sealed immediately if your case was dismissed or you were acquitted. G.L. c. 276, § 100A allows for sealing after a waiting period of ten to fifteen years. Sealed records can be stated as non-existent on employment applications and will not disqualify you from public employment.
To seal your record under G.L. c. 276, § 100C, you must file a petition in the court where your case was heard and demonstrate that your need to seal the record outweighs public interest. Alternatively, you can wait five years since your case ended and petition the Commissioner of Probation to seal it as an 'aged-out' misdemeanor under G.L. c. 276, § 100A. If the requirements are met under § 100A and § 100B, the record is sealed without discretion. However, under § 100C, a judge has discretion in deciding whether to seal your record, and you will need to appear in court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.