Legal Question in Criminal Law in Massachusetts

record of restraining order

I called a lawyer for some advice on one issue, and another issue briefly came up....and because I did not want to waste her time, I did not pursue it. But the lawyer I was speaking with told me that a restraining order from my past could be taken off my record (if I was hearing her right). I have stashed away in my safety deposit box documentation that shows my accuser lied, but I never had to use it because the order was dropped. It never dawned on me at the time to check if this could be cleared from my record. Did this lawyer give me good information, and what type of lawyer do I need to handle this?


Asked on 11/19/08, 6:50 pm

3 Answers from Attorneys

Re: record of restraining order

There is caselaw to support the expungement from a persons record of a restraining order that was obtained by fraud. Speak with a lawyer who practices in that field (restraining orders).

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Answered on 11/19/08, 7:01 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: record of restraining order

It is only under unusual circumstances that such an order can be expunged.

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Answered on 11/20/08, 11:30 pm
Gregory Casale Gregory Casale Attorney At Law

Re: record of restraining order

The restraining order is on your CORI and that is administered by the Department of Probation. You can call the Probation Department of the Court that issued the initial Restraining Order to see if it can be removed from your record. If they tell you that it can, you should then hire a criminal lawyer to bring a motion before the court to have it removed. However, double check with Probation first because I have not heard of people removing these from your record. If it was never extended, "dropped" as you put it, that may cause it to become removeable, but I do not think so.

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Answered on 11/19/08, 8:30 pm


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