Legal Question in Criminal Law in Massachusetts
Seal a 10 yr old conviction that was disposed of in 2001?
I have a 10 yr old conviction for ABDW on my record that until recently (2001) was open with a warrant and suspended sentence of 30 days pending. In Aug 2001, I returned to the court on my own hoping to close the matter. The judge agreed to dispose of the case due to my personal accomplishments and rehabilitation since the incident. However, I am currently seeking employment and this conviction is ruining all of my chances when an employer runs a CORI check. I need to get this 10 yr old conviction sealed but because there was action on it in 2001, technically the 10 years that must pass before getting it sealed have not. A lawyer told me to file a motion to vacate and then a revise and revoke but hasn't the time allowed for this elapsed? Another suggested that I get the judge to ''back date'' the finding of disposed. Are these suggestions worth persuing and if so how? If not, what are my options? Thank you very much for any help.
1 Answer from Attorneys
Re: Seal a 10 yr old conviction that was disposed of in 2001?
Sealing and impoundments of records is disfavored. Making the deposition nun pro tunc is an interesting concept and may be worth pursuing. To pursue sealing, one would really have to get involved with the case, and maybe one could even vacate the plea, and place it back on trial track,,,
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