How long must you wait to try to get your arrest record sealed?

Asked over 3 years ago - Brockton, MA

I was arrested in 2009, how long do I have to wait to try to get my record sealed?

Attorney answers (2)

  1. Dominic L. Pang

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . The CORI Reform Bill will take effect 18 months after the Governor signs it on August 6, 2010.

  2. Dominic L. Pang

    Pro

    Contributor Level 17

    Answered . It depends on how the matter was ultimately resolved.

    Under the current law (which may not be in effect for very much longer now the CORI reform bill was passed on July 31st) if you were CONVICTED of the crime you were arrested for, you would either have to wait 10 years (for a misdemeanor) or 15 years (for a felony) before you could petition the Commissioner of Probation to seal the record. CORI reform has reduced these waiting periods to 5 and 10 years, respectively.

    If you were not convicted, i.e. the matter was dismissed, nolle prosse'd, no probable cause was found, no true bill was issued by the grand jury, or you were found not guilty, you could petition the court immediately to seal the record, although the judge considering your petition will have discretion to deny your petition if he/she feels you have not met your burden of proof.

    Sealing your CORI is something better done with the help of an experienced attorney.

    Best of luck,

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