Question on Public Safety Act of 2006

[Coyote33]

From Traffic Law Question post #22 we get:

Highlights of the Public Safety Act of 2006:

which has:

"It would begin sealing all records of felonies more than 7 years old and all misdemeanors more than 3 years old, unless there has been an intervening conviction punishable by 1 year of incarceration or more."

Now, do you think this will also apply to gun laws, or are we "reverse exempt" here? Is this law just to protect the criminals?

 

[M1911]

My guess is that it is just to protect criminals. Just because the records are "sealed" does not mean that you could respond "no" when asked on a legal form (state or federal) whether you've been arrested.

 

[Chris]

Yep, more help for the Bad Guys, no help for the Good Guys.

 

[Scrivener]

Now, do you think this will also apply to gun laws, or are we "reverse exempt" here? Is this law just to protect the criminals?

There is no use sealing a record as regards a firearms license application, as the sealed record will certainly be flagged and may be opened. In short, it creates more problems than it solves.

I always advise clients who think this will "clear up their record" NOT to do it.

 

[Coyote33]

The way it was written, I thought this sealing would be done automatically by the state.

 

[LoginName]

There is no use sealing a record as regards a firearms license application, as the sealed record will certainly be flagged and may be opened. In short, it creates more problems than it solves.

I always advise clients who think this will "clear up their record" NOT to do it.

Does MA law have any provision for expungement of criminal records?

 

[Chris]

Does MA law have any provision for expungement of criminal records?

Ha ha ha ha ha ha

Good one.

There isn't even a way to erase a wrongful arrest. It's there FOREVER.

Well, I guess you could try to fight it in court, but as far as I know that usually fails.

 

[Coyote33]

Does MA law have any provision for expungement of criminal records?

Chapter 258D: Section 7. Expungement or sealing of records; hearings





4 entries found for expunge. ex·punge
Pronunciation Key (k-spnj) tr.v. ex·punged, ex·pung·ing, ex·pung·es
1. To erase or strike out: “I have corrected some factual slips, expunged some repetitions” (Kenneth Tynan).
2. To eliminate completely; annihilate. See Synonyms at erase.

 

[Len-2A Training]

There is a guy named Don who tried to get his false arrest expunged. Judge ruled "no way"!

The only practical way to do it in MA is with a Governor's Pardon. Costs lots of time and money and I doubt that he'd do it for anyone who isn't a big contributor to the Governor's Party and his campaign! They usually do this in the last few months of their last term in office, so it doesn't negatively impact them come election time. [Doesn't matter who the Governor is, I truly believe that this is the "unwritten rule" to get it done.]

 

[Coyote33]

Just wondering since it says "it would begin..." whether it has actually begun yet or not.

Len, are you saying the only way to get something expunged is by contributing to a campaign? I'm sure that there must be some who have had it happen. Anyone?

 

[Len-2A Training]

There is no legal mechanism that will expunge an arrest from one's record in MA, even if it is "mistaken identity" and they find the right person and convict him/her.

Governors and Presidents can grant a pardon, which in MOST CASES allows one to treat the event as if it never happened. I have recently learned however that even Pardons (under current MA law) do NOT mean:

- that your gun rights are restored (it must be specifically delineated in the pardon documents).

- the info on the underlying charges are STILL available to the PD & CHSB upon filing for a LTC and thus MUST be disclosed (otherwise automatic disqualifier) and the licensing authority is still free to deny based on the underlying charges (even if the pardon does grant your gun rights back to you)!

Most pardons are usually granted in the last days of the Governor/President's term of office and it is much better than a fair guess that being a political "friend" and contributor has a fair amount to do with who gets a pardon and who is refused.

 

[Coyote33]

What about (D) in the law about expungements quoted above? It says:

(D) The charges and convictions expunged or sealed shall not operate to disqualify the claimant in any examination, appointment or application for public employment in the service of the commonwealth or any other political subdivision thereof, nor shall such charges and convictions be used against the claimant in any way in any court proceedings or hearings before any court, board or commission to which the claimant is a party to the proceedings.

 

[Len-2A Training]

I'm telling you FACT of what's going on . . . and I'm not saying that it should be like that, but it just "is"!

Since there is no court proceeding or hearing involved in applying for your LTC, AND the licensing authority can use "discretion" to determine suitability . . . the licensing authority would say that he/she is free to use that info against the applicant.

Personally I have so little faith in the MA court system, I'm convinced that a judge wouldn't challenge a chief who was ballsy enough to admit that he/she used the info underlying a pardon and made a "suitability" judgment based on that alone.