If you have an OUI on your criminal record, then you may have options to have that record either sealed or expunged, so that they are not available to the public on your CORI check or possibly removed from your criminal record entirely. However, the likelihood of having your OUI conviction either sealed from public information, or wiped from your record entirely, is highly unlikely and depends on very specific situations that warrant these measures.
If you believe that your OUI charges fall into a situation where sealing or expunging them is possible, or worth exploring, contact us today to speak with an experienced Massachusetts OUI attorney about your options and how we can help with this process. Read more below about when sealing and expungement may be an option, and the methods used to achieve these outcomes when warranted.
What Are Expungement and Sealing?
What Is a Criminal Record Expungement?
Expungement is when all information about your charges and case are fully removed from the legal record, meaning that it is as if it never happened to begin with. These are granted in very rare instances, which we will discuss in greater detail below.
What Is a Criminal Record Sealing?
When a criminal record is sealed, the charges remain but the public no longer has access to the information about the conviction, charges, or case. Government officials still have access to this information, but when a record is sealed it becomes exceedingly difficult for the public, or potential employers, to come across this information.
Can I Seal or Expunge My OUI in Massachusetts?
There are a few instances where you may be able to seal or expunge your OUI charges in Massachusetts, but they are very rare. Speak with us today to discuss your own likelihood of these options being viable. Please be aware that there are only a few specific situations where these options are viable, and even then they are not guaranteed.
Sealing an OUI Conviction in Massachusetts
If you were arrested for OUI in Massachusetts, and your case ended with a not-guilty ruling, continued without a finding, or a dismissal, then you may be able to seek to have the arrest sealed after a specified waiting period. There is no guarantee that the Massachusetts courts will approve the request to have your arrest sealed, but if it is approved, then the arrest will not show up on CORI checks. Government officials and government entities will be able to still see the record of this incident, but the information will only be available to the public via news articles or other public records that reference the arrest.
Expunging an OUI in Massachusetts
While getting an OUI arrest sealed in Massachusetts is difficult and uncertain having it expunged is highly unlikely, and only applicable in a few very specific situations. The most common situation where an expungement may be approved is if your identity was stolen, and the identity thief was arrested with your information for an OUI. The second situation where you can apply for expungement is if the arrest occurred while you were a minor and you ultimately were not charged due to a lack of evidence.
Contact Us Today
Since these two situations are fairly rare in contrast to the majority of OUI cases in Massachusetts, you will likely want to seek to have your arrest sealed. Contact OUI Attorneys today to speak with a Massachusetts OUI lawyer about your options. During your free consultation, you will be able to discuss the details of your arrest or criminal record and understand the likelihood that you will be able to begin this process.
Keep in mind that even if your circumstances fall under the categories that make it eligible to request to have your record sealed or expunged, there is no guarantee that your request will be approved. Contact us today to work with a professional to get the best chance of having your request accepted and your OUI record sealed or expunged.