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legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 9905
Experience:  Just Answer consultant at Self employed
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I live in Massachusetts and was charged with assault and

Customer Question

Hi there I live in Massachusetts and was charged with assault and battery back in 2013 it was against my husband but the charges were dropped and the case closed because it was just a mosey neighbor and a misunderstanding I've never had a criminal record before or after. How long does this stay on my record. What can I do to make it go away
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure my husband and I were in the car arguing in our driveway. He's a loud person I'm not but I gesture with my hands loudly and wildly my neighbor called the police when she heard him yelling was worried he might hurt me which he never would but ppl take it upon them selves and but it anyway. As home and I are arguing I throw my arms open wildly hit the seat of car and accidentally hit him which took us both by surprise. When the police showed up we both got out and were explaining to them everything that was going including that we were brok taken by surprise that my hand hat hit him because we have nothing to hide were not violent ppl but the officer said at that point he had to take me he had no choice we were both so upset by it I didn't knw what to do the officer said I knw ur not a criminal that's why I'm not treating u like one he was very kind my husband was upset thought t was his fault and it wasn't and the officer even documented for my benefit that out here were no injuries and I have a very big engagement ring so it would've left a mark. I spent a few hours in jail and my husband picked me up and paid the bail. We went to court and the charges were dropped because there was no eveidene of actual abuse and my husband wasn't going to press charges. I'm not a criminal inhale no record I've never even had a speeding ticket. It has been 3 years almost 4 and I believe nowBut is starting to impact me getting a job
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Submitted: 1 year ago.
Category: Legal
Expert:  legalgems replied 1 year ago.

Criminal Offender Record Information (CORI) allows a misdemeanor charge/conviction to remain on one's record for 5 years; 10 for a felony.

However, one can have it sealed, or expunged, sooner than that.

There is no waiting period to make this request if there was no conviction.

The process involves the following:

Obtain (usually from the court clerk or online) a Petition to Seal. This is done in the court that handled the initial case. The clerk will schedule a hearing. At that hearing, the petitioning party must prove the following:

  1. A "compelling government interest" in sealing(beneficial to the state if the person can become employed by virtue of not having this on their record, etc)
  2. This interest is greater than the 1st Amendment interest of the public to be able to see court records.
  3. It is in the interest of fairness or substantial justice to seal the record

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