What Is the Difference Between Sealing and Expunging a Record in Massachusetts?

If you have a criminal record in Massachusetts, you may have heard about sealing or expungement. They sound similar—but they’re not the same.

Sealing means your record still exists, but it’s hidden from most employers, landlords, and the general public. Law enforcement and certain government agencies can still access it. Sealing is available in more cases and is often quicker to obtain.

Expungement means the record is completely erased—as if it never happened. But it’s only available in limited circumstances, like identity theft, clerical errors, or certain juvenile cases.

Both options require a petition, and some cases may involve a court hearing. I help clients evaluate which path is available and makes the most sense based on their record, goals, and eligibility.

If your past is holding you back, there may be a legal way to move on from it. I can help you figure it out.

What Is Pretrial Probation in Massachusetts?

Pretrial probation is a way to resolve a criminal case without going to trial—and without a conviction. It’s available in certain low-level cases where the defendant agrees to meet specific conditions.

Unlike regular probation:
- You don’t plead guilty
- There’s no admission of wrongdoing
- The charges are dismissed if you comply

Typical conditions include staying out of trouble, checking in with probation, or attending counseling. If you complete it successfully, the case is dismissed and your record stays clean.

I often negotiate pretrial probation for clients who are good candidates—especially first-time offenders. It’s a second chance without the baggage of a conviction.

What Is a Continuance Without a Finding (CWOF) in Massachusetts?

A Continuance Without a Finding (CWOF) is a type of plea deal that avoids a formal conviction—as long as you meet the court’s conditions.

Here’s how it works:
- You admit there’s enough evidence to find you guilty
- The judge “continues” the case without making a finding
- You’re placed on probation, typically for 6 months to 1 year
- If you complete it successfully, the case is dismissed

CWOFs are commonly offered for first-time offenses like shoplifting, DUI, or minor assaults. They can be a good option, but they aren’t invisible:
- They appear on your CORI
- They can affect immigration status
- They count as a prior offense in future cases

I advise clients carefully on whether a CWOF is the best path—and negotiate for better outcomes when it isn’t.

How to Seal a Criminal Record in Massachusetts

A criminal record can hurt your chances with jobs, housing, and education. But in Massachusetts, many records can be sealed—meaning they won’t show up on most background checks.

You may qualify to seal your record if:
- Enough time has passed since your conviction or case closure.
- Your case ended in dismissal, nolle prosequi, or not guilty.
- You can show “good cause” for sealing a non-conviction case early.

Sealing requires filing a petition and, in some cases, attending a hearing. Once sealed, your record becomes hidden from the public (but not from law enforcement).