Table of Contents
Are Drug Charges Able to be Sealed in Massachusetts?
What Are Drug Charges?
Sealing Drug Charges in Massachusetts
Criteria for Sealing Drug Charges
Not all drug charges can be sealed, and there are specific criteria that must be met. Generally, you may be eligible to seal your drug charges if:
- A certain amount of time has passed since your conviction or since you completed your sentence.
- The offense qualifies under the types of records that can be sealed.
- You have no subsequent criminal convictions.
Process of Sealing Drug Charges
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Conclusion
FAQs
1. What is the difference between sealing and expungement?
Sealing a record means it is hidden from public view but still accessible to law enforcement and certain agencies. Expungement, on the other hand, completely erases the record as if it never existed.
2. How long does it take to seal a drug charge?
The duration varies but could take several months from the time you file the petition to the judge’s decision.
3. Can traffic violations affect my ability to seal a drug charge?
Minor traffic violations typically do not affect the sealing process. However, more severe criminal violations could be a hindrance.
4. Do I need a lawyer to seal my drug charges?
While not necessary, having a lawyer can significantly help you through the complex legal procedures and improve your chances of success.
5. Can sealed records be reopened?
In rare cases, sealed records can be reopened by court order, usually for significant legal reasons.
6. Will sealing my drug charges remove them from background checks?
Yes, sealed charges will not show up in most background checks, but they might still be visible to certain government agencies.
7. Can any drug charge be sealed?
Not all drug charges are eligible to be sealed, especially more serious ones like drug trafficking.
8. How can I obtain my CORI report?
You can request your CORI report from the Massachusetts Department of Criminal Justice Information Services (DCJIS).
9. Are there fees associated with sealing my record?
Yes, there might be filing fees and other costs associated with obtaining records and legal representation.
10. What happens if my petition to seal is denied?
If your petition is denied, you can appeal the decision or wait and reapply at a later time.
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