Tag: Automatic Record Sealing

Massachusetts Supreme Judicial Court Ruling Greatly Expands Automatic Record Sealing May 30, 2023 Massachusetts Supreme Judicial Court (SJC) has expanded the automatic sealing of criminal records. This expansion comes with a decision to adopt the position in an Amicus Brief filed by the Boston Bar Association. This decision means that those found not guilty, a grand jury declines to indict, or a judge finds no probable cause can have their records sealed under this ruling. It also significantly impacts how the state currently carries out automatic record sealing. In a unanimous decision, this decision breaks with existing guidance that made sealing discretionary for most offenses. For example, this decision is a notable change from the courts' past stance that required petitioners to show 'good cause.' Courts also required petitioners to prove that maintaining public availability of these records created or would create a foreseeable future disadvantage. In a recent case, the court received a petition from the commonwealth. This petition hoped to seal the petitioner's criminal record on accounts that had received acquittal and nolle prosequi. However, the judge denied the petition, which led to an appeal to the SJC. The SJC then overturned the judge's ruling and, in doing so, significantly expanded the number of records eligible for sealing. The court's recent opinion cited "the compelling governmental interests in reducing recidivism, facilitating reintegration, and ensuring self-sufficiency by promoting employment and housing opportunities for former criminal defendants," which would benefit by denying access to these records. Furthermore, the court made two acknowledgments. One addressed that many court records have historically remained open to the public. The other acknowledged that records of closed cases resulting from "acquittal after trial, a finding of no probable cause, or a no bill from the grand jury" remained closed to the public. As a result of the court's findings, it ruled that "where a defendant stands acquitted on a charge (or the grand jury returns a no bill or a finding of no probable cause has been made by the court), the records pertaining to those charges should be sealed, unless the defendant 'makes a written request to the commissioner' not to seal the records of the proceedings." This ruling means those with criminal records maintained by the State of Massachusetts will have their criminal records automatically sealed unless they request otherwise. It would also clear the criminal records of many Massachusetts residents, greatly expanding the potential labor pools for many employers. After this decision, employers should review their hiring process and ensure they work with the right screening provider. Ensuring they maintain accurate and timely background checks while eliminating obsolete records is crucial. The right provider will ensure that companies offer a fair opportunity for all applicants by providing screening reports that comply with all local, state, and federal regulations. Pre-employ makes background checks easy and reliable. Speak with a compliance expert today. Source

Tag: Automatic Record Sealing

Massachusetts Supreme Judicial Court Ruling Greatly Expands Automatic Record Sealing

Our Process

Our Platform

Screenings

For Your Industry

For Your Role

Webinar

Resources Library

Logins

E-Book

Services

Industry

Resources

Our Company