My son who is 17 received a citation for minor in posession of alchohol. If found guilty will his record be sealed?

Asked about 2 years ago - Westwood, MA

He was not arrested (the police officer drove him home)

Attorney answers (5)

  1. Robert J McCarthy Jr

    Contributor Level 12

    4

    Lawyers agree

    Answered . Records are not sealed automatically in Massachusetts. An application to seal the records must be made. Here is a link that provides additional information. http://www.lawlib.state.ma.us/subject/about/cor...

    None of the information or materials posted above is intended to constitute legal advice. Viewing this does not... more
  2. Dominic L. Pang

    Contributor Level 17

    4

    Lawyers agree

    Answered . If he is convicted, his record cannot be sealed for 5 years. If he is arraigned and the charge is dismissed upon the payment of a fine (many minor in possession charges are handled in this fashion) the charge will still appear on his record, albeit as a dismissal. The dismissed charge can be sealed without a waiting period. The best course of action, however, is to get the charge dismissed prior to arraignment because if he's never arraigned, then the charge will never appear on his record and sealing will be a non-issue. Some district attorneys offices will offer a diversion program, completion of which will cause the charge to be dismissed prior to arraignment.

  3. Brian E. Simoneau

    Contributor Level 10

    Answered . Regardless of any sealing of his criminal record, if he's convicted, the conviction will appear on his driving record, which cannot be sealed. Also, if he's convicted, the Registry will automatically suspend his driver's license for ninety (90) days pursuant to G.L. c. 138 ยง 34C.

    This is not intended as legal advice and it should not be considered or relied upon as such.
  4. Nicolas A. Gordon

    Contributor Level 11

    Answered . Do everything in your power to get the charged dismissed before he is arraigned. This is an unusual disposition and it is not easy to achieve. Over the years I have succeeded in getting charges dismissed prior to arraignment on several occasions. You need strong grounds to convince the DA's office to do this. By doing everything in your power, I mean hire the most experienced and highly skilled attorney you can afford.

  5. Laurence Kent Richmond

    Contributor Level 6

    Answered . Time is off the essence. Lok at the citation. If you have not done so you must request a clerks hearing where a clerk can decide not to charge him. You usually have four days from date of citation. If he has no record good chance of no charge. A good lawyer may be able to get you a clerks hearing even if the four days Har passed. Needs to be doe ASAP. My practice is to file motion by hand at counter.

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