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my son was found guilty of leaving the scene causing property

damage and driving to endanger...
my son was found guilty of leaving the scene causing property damage and driving to endanger when he was 17 (he hit a hydrant causing $500 damage). The accident happened at the top of our street and he panicked and and drove home. That was 7 years ago, can he ask the court to expunge this? He has not had any trouble since then. thank you.
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3/17/2013
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,698
Experience: 16 yrs. of experience including criminal law.
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Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

Under MA law, if you were convicted you can not actually expunge (erase) the record. But you CAN ask to have it sealed.

The law that applies is M.G.L.c. 276 § 100A p

This law provides for sealing of adult records after a ten to fifteen year waiting period.

Here is the law

Section 100A. Any person having a record of criminal court appearances and dispositions in the commonwealth on file with the office of the commissioner of probation may, on a form furnished by the commissioner and signed under the penalties of perjury, request that the commissioner seal such file. The commissioner shall comply with such request provided (1) that said person's court appearance and court disposition records, including termination of court supervision, probation or sentence for any misdemeanor occurred not less than ten years prior to said request; (2) that said person's court appearance and court disposition records, including termination of court supervision, probation or sentence for any felony occurred not less than fifteen years prior to said request; (3) that said person had not been found guilty of any criminal offense within the commonwealth in the ten years preceding such request, except motor vehicle offenses in which the penalty does not exceed a fine of fifty dollars; (4) said form includes a statement by the petitioner that he has not been convicted of any criminal offense in any other state, United States possession or in a court of federal jurisdiction, except such motor vehicle offenses, as aforesaid, and has not been imprisoned in any state or county within the preceding ten years; and (5) said person's record does not include convictions of offenses other than those to which this section applies. This section shall apply to court appearances and dispositions of all offenses provided, however, that this section shall not apply in case of convictions for violations of sections one hundred and twenty-one to one hundred and thirty-one H, inclusive, of chapter one hundred and forty or for violations of chapter two hundred and sixty-eight or chapter two hundred and sixty-eight A.



So there is no expungement, but you can petition the court to seal the records after ten years if you have had no further misdemeanor or more serious charges during that time either in MA or any other state.

If it was 7 years ago that the conviction happened he will need to wait a few more years.

At the 10 year mark he can file a petition with the court to seal the record.


P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 35,698
Experience: 16 yrs. of experience including criminal law.
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Customer reply replied 4 years ago

Thank you very much!

You bet...good luck with this fight.

Phil
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P. Simmons
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