I got convicted of a misdemeanor DUI in MA 2 years ago, how long until I can get my record sealed?
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Answer:
Under Massachusett law, a first (1st) or second (2nd) offense OUI /DUI is considered a misdemeanor. A third (3rd) or subsequent offense is considered a felony, and includes mandatory jail time if found guilty.
A DUI misdemeanor will never go off of your record unless you successfully have your criminal convictions sealed by the court. Without an expungement or sealing of the record, if you get arrested again, the first DUI will be used against you as a prior offense.
There is no provision for expunging convictions in Massachusetts. G.L.c. 276, § 100C contains provisions for immediate sealing of adult records in cases involving acquittal or dismissal of criminal charges, whereas G.L.c. 276 § 100A provides for sealing of adult records after a ten to fifteen year waiting period. G.L.c. 276, § 100C and G.L.c. 276, § 100A allows a person to state that no record exists upon an employment application and prevents the sealed records from disqualifying the subject person from public employment. However, G.L.c. 276, § 100C provides that after a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.
Under Massachusetts General Law Chapter 276, 100C, which requires you to file a petition with the court where the case was heard and for you to show that your interest in having the matter sealed outweighs the public's interest in having the record accessible. Another option is to wait until 5 years has elapsed since the case ended and petition the Commissioner of Probation to seal the matter as an "aged-out" misdemeanor, under 276, 100A. The benefit of sealing under 100A and 100B is that if the base requirements are met, then the record is sealed and there is no discretion as to whether or not to seal it. Under 100C, however, a judge has discretion to decide if you've met your burden and court appearances are required on your part.