Can larceny over $250 be reduced to under $250 after a decade and a half?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can larceny over $250 be reduced to under $250 after a decade and a half?

My husband was convicted of larceny over $250 when he was 18 for receiving stolen property. He has spent the last 16 years turning his life around and has a clean record. He has lost employment, cannot attend school field trips with his son because a CORI is required, and has had other issues. Can a judge reduce the charges from 16 years ago so that it no longer has such a negative impact on his life?

Asked on March 20, 2011 under Criminal Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that your husband should speak with a criminal attorney in your area on either sealing or expunging the record or requesting a pardon.  It is my understanding that there is no provision for expunging convictions in Massachusetts. Rather, G.L.c. 276, § 100C contains provisions for immediate sealing of adult records in cases involving acquittal or dismissal of criminal charges, whereas G.L.c. 276 § 100A provides for sealing of adult records after a ten to fifteen year waiting period. G.L.c. 276, § 100C and G.L.c. 276, § 100A allows a person to state that no record exists upon an employment application and prevents the sealed records from disqualifying the subject person from public employment. However, G.L.c. 276, § 100C provides that after a finding or verdict of guilty on a subsequent offense such sealed record shall be made available to the probation officer and the same, with the exception of a not guilty, a no bill, or a no probable cause, shall be made available to the court.   Pardoned convictions may be sealed under G.L.c. 127, § 152. Upon approval of a petition for pardon, the governor shall direct all officers to seal all records relating to the offense for which the person received the pardon. Such sealed records shall not disqualify a person in any examination, appointment or application for employment or other benefit, public or private, including, but not limited to, licenses, credit or housing, nor shall such sealed record be admissible in evidence or used in any way in any court proceeding or hearing before any board, commission or other agency except in imposing sentence in subsequent criminal proceedings. Such sealed records may not be used in employment applications.  Get help.  Ther may be a light at the end of this tunnel.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption