How can I clear my criminal record?

A non-conviction or first time drug offense is the most common type of court activity that people successfully seal. Cases that ended in a not guilty or no probable cause disposions may be sealed by a judge upon finding a compelling government interest outweighs the public's First Amendment presumption of access. Globe Newspaper v. Pokaski, 868 F. 2d 497 (1989).

Cases that were nolo prosequi or dismissed without probation can be sealed where the judge finds that there is a compelling government interest in sealing the record that outweighs the public's First Amendment presumption of access. The court must also find that substantial justice would be served by sealing the record. A first time misdemeanor conviction for possession of cannabis or other controlled substances under G.L. c. 90, § 34 may be sealed upon completion of the conditions for a continued without a finding without any violations. The just must make findings that there is a compelling government interest in sealing the record that outweighs the public's First Amendment presumption of access.

Categories: Criminal Defense
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