Legal Question in Criminal Law in Massachusetts

Can expunged records be used against you?

If someone has had their records expunged (1 charge, misdemeanor) years ago, in a different state than Mass....if they are going to trial in Mass, could they be used against them?


Asked on 1/31/05, 7:18 pm

3 Answers from Attorneys
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Can expunged records be used against you?

"Expunged" means "obliterated" or "erased" or "dead" or "gone"!!!

Expunged records do NOT have a life in the hereafter in any State or state.

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Answered on 1/31/05, 7:35 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Can expunged records be used against you?

The short answer is no;

The long answer is that the record may still exist somewhere like in the FBI files. You should check with your attorney about what criminal records the commonwealth has, and what they may use against you should you testify at a trial.

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Answered on 1/31/05, 10:28 pm
Joseph Murray Joseph M. Murray, Esq.

Re: Can expunged records be used against you?

Depending on whether it was completely "expunged " or merely sealed from public view. a prior record could be used should you elect to testify at trial and after trial, if convicted, in deciding appropriate sentencing, but should never be used to determine guilt.

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Answered on 2/01/05, 3:11 pm


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