Are drug charges able to be sealed in massachusetts?

 

Are Drug Charges Able to be Sealed in Massachusetts?

What Are Drug Charges?

Drug charges refer to legal accusations made against an individual or group for violating drug laws. This can range from possession of a controlled substance to trafficking and manufacturing. The severity of these charges often depends on the type and amount of drugs involved, as well as the individual’s prior criminal history.

Sealing Drug Charges in Massachusetts

Sealing a criminal record means that the public will not have access to it; however, certain entities like law enforcement may still view it. In Massachusetts, certain drug charges are eligible to be sealed under specific conditions. This is crucial for individuals seeking a fresh start and hoping to avoid the long-term consequences of a drug charge on their record.

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

If you meet the criteria, you can begin the process of sealing your drug charges. Here’s a step-by-step guide:

  1. **Get Your CORI Report**: Request your Criminal Offender Record Information (CORI) report from the Massachusetts Department of Criminal Justice Information Services (DCJIS).
  2. **Review Your Record**: Ensure that all entries are accurate and determine if your charges are eligible for sealing.
  3. **File a Petition**: Submit a petition to the court where you were convicted, requesting the sealing of your record.
  4. **Prepare for a Hearing**: Be ready to present your case to a judge, if a hearing is required.
  5. **Receive a Decision**: The judge will decide whether or not to seal your record based on the presented evidence and your eligibility.
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Benefits of Sealing Drug Charges

Sealing your drug charges can provide numerous benefits:

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  • **Employment Opportunities**: Potential employers won’t see your drug-related offenses, increasing your chances of getting hired.
  • **Housing**: Landlords will be less likely to deny housing applications based on criminal history.
  • **Education**: Gain better access to educational opportunities without the stigma of a criminal record.
  • **Peace of Mind**: You can live without the constant fear of being judged or having your past come back to haunt you.

Challenges and Limitations

While sealing can offer a fresh start, it’s no walk in the park. The limitations include:

  • **Not All Charges Qualify**: Severe drug charges such as trafficking may not be eligible.
  • **Time-Consuming Process**: Gathering paperwork and attending hearings can be time-intensive.
  • **Potential Rejections**: The court holds the final say, and not all petitions are granted.
Navigating the legal landscape can be tricky, and it’s beneficial to seek help. Resources you can turn to include:

  • **Legal Aid Societies**: Often, these organizations can provide free or low-cost legal assistance.
  • **Private Attorneys**: If you can afford it, hiring a private attorney can streamline the process.
  • **Government Resources**: Visit [Mass.gov](https://www.mass.gov) for official guidelines and forms.
  • **Informative Articles**: Check out the [Wikipedia page on Expungement](https://en.wikipedia.org/wiki/Expungement) for more general information.
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Conclusion

Sealing drug charges in Massachusetts can provide a crucial respite for individuals striving for a second chance. While the road may be cumbersome, the potential to renew your life without the tarnish of a criminal record is invaluable. Make sure to follow the correct procedures and seek the necessary help to navigate this complex legal process.

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.

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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.

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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.

**Need more help? Contact us today, and let us assist you in navigating the complexities of sealing your drug charges. We’re here to help!**

 

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