Legal Question in Criminal Law in Massachusetts

Suspended Sentence

I had a two year suspended sentence under my belt a couple years ago. I really don't know what that entails. During the whole process at the court proceedings I was so nervous that I sort of blacked out. Now I don't know what I should do. I completed my probation, along with fines, and other programs I agreed to, but I don't know if I am a convicted fellon or not. So, my question is if you have had a suspended sentence are you automatically in the category of ''convicted fellons''? If there is other solutions could you provide them for me? I am looking to venture off into a differ career, but if I am a fellon I know this will not help me in my quest for a job. If I am, what type of work do you think I should pursue? Blue Collar/Manual Labor? Where can I find out if I am a fellon or not? Also, is there a way to get this expunged? Please help. This is more than one question, but I guess all may help me for what I am looking for. Thank you for all the help.


Asked on 2/22/06, 6:16 pm

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

Re: Suspended Sentence

With what crime were you charged?

That is where the answer is.

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Answered on 2/22/06, 6:37 pm
Robert Kidd Law Offices of Robert P. Kidd

Re: Suspended Sentence

A "felony" in Massachusetts is a any crime that carries a potential penalty in excess of 2 1/2 years. It has nothing to do with whether you received a suspended sentence. In order to find out whether you are a convicted felon you need to look at the criminal Complaint filed with the Court where you disposed of your case. The Complaint will probably tell you what the minimum and maximum penalties are for the offenses you were convicted of. If it does not, it will reference the chapter and section of the Mass. General Laws under which you were charged, and you could look up the penalty online or in a law library.

As far as expunging the record, records in Mass. cannot be "expunged", meaning literally erasing the charges from your record. The charges will remain on the record forever. You can petition the court to "seal" your record. If the court does this for you it just means when someone does a record check on you they will be told that the record is "sealed" and can't see it. Sometimes this is actually worse than seeing your record, because many will assume the worst. Also, the judge always is allowed to see criminal records regardless of whether they are sealed.

As for your career choice, that is up to you. You need to find out what each perspective employer asks on its job application regarding your criminal record.

Good luck.

Robert Kidd

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Answered on 2/22/06, 6:56 pm


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