You may want to consider a DUI expungement after you complete your sentencing for the crime. However, in Massachusetts, it isn’t that simple. A DUI expungement is next to impossible in Massachusetts. In fact, the state doesn’t offer expungement of criminal records in most cases. This article will outline your options for proceeding after a DUI conviction.
What is a DUI Expungement?
An expungement order is an order from the court to remove and destroy any records relating to a criminal case. In Massachusetts, courts only grant a DUI expungement for two reasons. The first reason is if someone else uses your identity and receives a DUI conviction but you are innocent. In this case, the court may just decide to change the name on the documents to Jane or John Doe, removing the case from your record. The court could also decide to grant you an expungement.
The second situation in which Massachusetts courts grant DUI expungements is in cases that involve a juvenile. The only cases that are eligible are cases that the court dismisses due to a lack of evidence. For most people, the only option is to have your records sealed.
Sealing your records is a much different than a DUI expungement. Having your records sealed does not mean they go away completely. However, your records are no longer available to the public. This means that future employers will most likely be unable to find the records relating to your case. However, government agencies and courts will still have access to your records. Therefore, any conviction can be used at a later date to influence sentencing in another case.
In cases that result in a non-conviction ruling, such as a not guilty verdict, dismissal, or a CWOF the waiting period for sealing your records is much shorter. Even if you take a plea deal that includes some form of probation but the court still considers a non-conviction, you can seal your records faster. There is no waiting period to seal your records in these situations. However, the court may not consider sealing your record when you take a plea deal and complete the probation. However, the decision lies with the judge who hears your motion.
In cases that result in a conviction, such as a guilty verdict, have a waiting period before you can make a motion to seal your records. In cases with a misdemeanor conviction, the waiting period is five years. The waiting period in felony cases is ten years. Also, you can not have any new charges during that period.
Who Can See Your Sealed Record
Obviously, the court system will still have access to your record even after it is sealed. The biggest issue with having a criminal record is the fact that affects your future job prospects. Employers frown on any criminal conviction, but this is especially true with DUI charges. Sealing your record means that most prospective employers will not have access to the information. Most companies can only access convictions. These companies can’t see cases where the defendant is not guilty. However, once the court seals your record, they will no longer be able to see a conviction either.
There are some companies that the government requires more extensive background checks from. These companies include hospitals, daycares, and government agencies. Therefore, these types of background checks will turn up non-convictions. However, once you seal your record, the results will not show up on any non-government background check.
The Best Defense
The best defense against a DUI is a good lawyer. Fighting the charges and winning is the best way to keep a DUI off your record. While the dismissal or not-guilty verdict will stay on your record, you can file a motion immediately to have your record sealed. Therefore, the will be no need for a DUI expungement. Rory Munns has years of experience defending DUI charges. He can help you formulate the best defense for your case to give you the best chance of winning your case. Rory Munns will aggressively defend you and use all of his experience to obtain the best ruling possible in your case.
Rory Munns can also help you with all of your post-conviction needs. While a DUI expungement may not be possible, he can help you seal the records in your case. Whether you have pending DUI charges or you have a conviction on your record, Rory Munns can help. Call today to find out all of your options and the best way to proceed with your case. Schedule a free consultation today and let him handle the rest.