How CORI Law Changes Will Impact Criminals

Friday, May 04, 2012

Leonardo Angiulo, GoLocalWorcester Legal Expert

Leonardo Angiulo, GoLocalWorcester Legal Expert

It isn’t often that a law takes effect on a Friday and a person’s whole life changes on a Monday. Take, for example, the recent amendments to the Massachusetts statutes for sealing criminal records effective Friday May 4, 2012. For many hard working people in our community, their life is about to change for the better and they may not even know it.

When a person is charged with a crime an administrative agency of the Commonwealth generates an entry on their permanent record. That entry remains for eternity whether the charges are dismissed, you are found not guilty after trial or sentenced to prison. That is eternity unless, of course, you file a motion pursuant to Mass. Gen. Laws c. 276 §§100A, 100B or 100C. The recent amendments to those statutes have made some changes that are a long time coming and significantly changes the definition of who is eligible, what is eligible and when.

Mass. Gen. Laws c. 276 §100A is a statute that seals cases based on time. The theory behind §100A is that even if you were once in trouble, you can earn a clean record again by staying out of trouble for a long enough period of time. Misdemeanors and felonies are broken down differently. The more serious the offense, the longer you have to stay out of trouble to earn a clean record by operation of law.

As of May 4, 2012 if your misdemeanor conviction is five or more years old, it is eligible to be sealed. If your felony conviction is ten or more years old, you can seal that too. Previously, you had to wait ten years to seal misdemeanors and fifteen years for felonies. In addition to the passage of time, there are several factors that have to come together to make you eligible. Most importantly, between the time of your court involvement for the offense and the time of application you must have no other convictions anywhere in the United States for the correct amount of time. For a majority of people, the passage of time and no new trouble will be enough to make you ready to seal your record. There are, as always, some important exceptions that a knowledgeable attorney can help you understand by reviewing your record.

While the May amendment will not affect the terms of §100B, the statute is worth mentioning here. Mass. Gen. Laws c. 279 §100B is the statute dealing with sealing juvenile records. Some people already know that juvenile records are easily sealed. What some people don’t know is that it isn’t automatic. If a person’s court involvement for juvenile offenses terminated three or more years ago, and that person has not been convicted of any new criminal offense within those years, that person should apply immediately to have their juvenile record sealed.

While considering this information, remember what the term “conviction” means. A conviction is a guilty finding on your record. This can occur through plea or verdict. What a “conviction” does not mean is dismissal, nolle prosequi, or especially a not guilty finding. If you don’t know what is on your record, or what nolle prosequi means, I suggest filling out the form available on the criminal history systems board website and mailing it in with $25.00 to get a copy. Take it in to your attorney and have a discussion about your eligibility.

Now, there are some people out there thinking about that case on their record that they never should have been charged with in the first place. The kind of case where it was a misunderstanding that ended up dismissed that is just sitting there on your record for no good reason. We have a statute for that. It is found at Mass. Gen. Laws c. 276 §100C.

If you have been charged and the case was later terminated by the Commonwealth, a no bill was entered by a grand jury, you were found not guilty, or a dismissal was entered by the court you are eligible to seal your record. Unlike §100A, it does not occur by operation of law. Under §100C you have to apply to the court where the charge entered and make a showing that substantial justice would be served by sealing the record.

The May 2012 amendment makes an important change to §100C. A frequently used disposition in district courts is what is known as a continuance without a finding. With a “CWOF” a person is on probation for a period of time and if they stay out of trouble, the case gets dismissed. Under the recent amendment people who were on probation under a CWOF earned their dismissal and can make the requisite showing are eligible for a sealed record. What this does is change the law for the benefit of ordinary people who might have made a mistake but will not be showing up on the FBI’s most wanted list.

The recent amendments to the statues for sealing criminal records can be a real help to people struggling to compete for jobs and looking to move on with their lives. Unfortunately, your criminal record is not like your license or your registration: no one is going to notify you when your time is up and it isn’t necessarily posted anywhere. In order to take advantage of these amendments you have to be aware of the changes and take your record to someone who knows the law.