Sealing your Criminal Record

It has recently become easier in Massachusetts to Seal your Criminal Record. Early this year, the Massachusetts Supreme Court decided the case of Commonwealth v. Pon, 469 Mass 296 (2014), and implemented a new “good cause” standard in evaluating a record for purposes of sealing. Previously, the defendant was required to prevail on a balancing test showing that the value of sealing to the defendant clearly outweighs the constitutionally-based value of the record remaining open to society. Commonwealth v. Doe, 420 Mass. 142, 151 (1995). That is no longer the case.

The newly establish “good cause” analysis in Pon considers potential and reasonable disadvantages posed to the defendant and the potential that sealing “could” overcome these disadvantages, but does not require a specific showing. In determining whether good cause exists for sealing a defendant’s record, the court looks at six factors: (1) any disadvantages the defendant faces; (2) evidence of rehabilitation; (3) whether sealing would eliminate any asserted disadvantages; (4) the circumstances surrounding the charge at the time; (5) the passage of time since the offense; and (6) the nature and reasons for the disposition.

If you want to speak with an experienced criminal attorney in deciding whether to proceed on a motion to seal your criminal record, call Attorney Kristen F. Bonavita for a free consultation at (978) 376-6746.