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I had a drunk driving conviction on my record. It occurred…

Customer Question
I had a drunk driving...
I had a drunk driving conviction on my record. It occurred over 5 years ago. Can this be expunged or remove from my record?
Submitted: 2 years ago.Category: Criminal Law
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2/17/2016
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
Experience: Attorney at Law Offices of Khaled Issa
Verified

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your question.

Expungement/sealing eligibility depends heavily on many factors.

Was this Drunk Driving conviction a felony or misdemeanor? Also, besides this offense, have you been convicted of any other offense prior to and after this one?

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Customer reply replied 2 years ago
Hi,It was a misdemeanor. I have not be convicted of any other offense prior to this one.
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Thank you for that information.

First, let me be clear on the difference between expungement and sealing. Expungement is the physical act of destroying certain records associated with an arrest or conviction. It would act as if the arrest/conviction never occurred.

Sealing, on the other hand, is the prohibition of, and removal from, viewing of certain records of arrests/convictions by the general public. Law enforcement and the government will still have access to the records on an as-needed basis. However, for most, sealing is sufficient to prohibit private entities (like employers) from gaining access to these records.

MA does not provide for expungements unless under rare circumstances (i.e., identity theft where the "thief" commits a crime under the victim's name). However, MA does provide for sealing of offenses.

To Seal an offense, one must have to wait 5 years from the date of the termination or disposition of a case. So, hypothetically, if one was sentenced to 1 year of "probation" in 2005, the 5 year clock begins to run at the end of the 1 year probation (which would be in 2006).

So, depending on the exact outcome of your case, and more importantly, the exact date of disposition, you would indeed be eligible to file a Petition to Seal.

A Petition to Seal is the formal method of requesting that an arrest and conviction be sealed. The Petition is actually a one page document made available to the public on the Massachusetts Court System page. A link to that page is here: http://www.mass.gov/courts/selfhelp/criminal-law/seal-record.html#SealingRecordsofConvictions

This site is a valuable tool for going through the sealing process. As you can see under heading #2 Sealing Records of Convictions, there is a link to the form mentioned above.

I hope this has helped. Please let me know if you have any follow up questions based on what I have provided. If so, please ask and I would be happy to answer them.

If not, please remember to click ACCEPT and rate my assistance as that is the only way experts here can be credited for taking the time to assist individuals such as yourself. Your cooperation in this regard would be greatly appreciated. Thank you!

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Customer reply replied 2 years ago
Thank you. Could you please tell me what section I should sign on the bottom of the form. There are 2 paragraphs but 3 boxes.
Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Unfortunately, I cannot tell you which box to sign as that would involve me in essentially advising you on what to do (which is prohibited by site rules).

However, I can tell you that "delinquency" as in the first paragraph refers to cases involving juveniles and the two boxes underneath are for adult convictions.

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Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

It looks like you have read my last posting.

Just a reminder, if you have no other follow up questions, please remember to click ACCEPT and rate my assistance. This is the only way credit can be given to experts for providing assistance. Thank you again!

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Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Please remember that experts here assist individuals not as a hobby, but as their source of income. The only way an expert can be credited is upon an individual clicking ACCEPT and rating the service. I am sure that you were pleased with my assistance and by clicking accept, experts can be credited and individuals will be compliant with the terms of service.

If you are having issues with rating, please let me know and it can be addressed. Or, if you have a follow up question, please let me know and I can assist further.

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Criminal Lawyer: Legal-Kal, Criminal Defense Lawyer replied 2 years ago

Hello:

Please do not forget to click ACCEPT and rate my assistance.

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Legal-Kal
Legal-Kal, Criminal Defense Lawyer
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