What a sealed Record Means

[jhblaze1]

If any of you have sealed records and are not sure whether to acknowledge the sealed conviction on your application, here is what the statute says: Please note this is only specific to controlled substance convictions:

Chapter 94C Section 34

"...No person as to whom such sealing has been ordered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest, indictment, conviction, dismissal, continuance, sealing, or any other related court proceeding, in response to any inquiry made of him for any purpose.
Notwithstanding any other penalty provision of this section, any person who is convicted for the first time under this section for the possession of marihuana or a controlled substance in Class E and who has not previously been convicted of any offense pursuant to the provisions of this chapter, or any provision of prior law relating to narcotic drugs or harmful drugs as defined in said prior law shall be placed on probation unless such person does not consent thereto, or unless the court files a written memorandum stating the reasons for not so doing. Upon successful completion of said probation, the case shall be dismissed and records shall be sealed. "

 

[Cross-X]

In Massachusetts, a sealed record still must be disclosed on all firearms licensing applications. That a record is sealed does not mean that the applicant never appeared as a defendant in a criminal case.

A sealed record is a trap for the unwary Massachusetts firearms license applicant.

Darius Arbabi

 

[doobie]

IANAL, but to my knowledge juvenile court actions that are 'expunged' from your record when you turn 18 may also be uncovered and seen..... I was picked up for firework use/possession when I was 12 in IL (I was never even charged with anything; they basically just brought me to the police station to take my picture and wait for my parents).

When I applied for my LTC I disclosed that information and the Sgt basically said that if it comes up on my record when it's pulled I'm not getting a license because fireworks are in the same category as gun violations. Luckily it didn't come up on my record and I've been a gun owner for 4 months, but of course am now moving out of state.

 

[jhblaze1]

In Massachusetts, a sealed record still must be disclosed on all firearms licensing applications. That a record is sealed does not mean that the applicant never appeared as a defendant in a criminal case.

A sealed record is a trap for the unwary Massachusetts firearms license applicant.

Darius Arbabi

Thanks for clarifying Darius. I guess MA had to make its laws as retardedly illogical and inconsistent as they possibly could.

 

[clinotus]

IANAL, but to my knowledge juvenile court actions that are 'expunged' from your record when you turn 18 may also be uncovered and seen..... I was picked up for firework use/possession when I was 12 in IL (I was never even charged with anything; they basically just brought me to the police station to take my picture and wait for my parents).

When I applied for my LTC I disclosed that information and the Sgt basically said that if it comes up on my record when it's pulled I'm not getting a license because fireworks are in the same category as gun violations. Luckily it didn't come up on my record and I've been a gun owner for 4 months, but of course am now moving out of state.

I would say that when you were 12 some officer did you a favor and never documented it. Because nothing disappears in MA as far as records go, and it all needs to be disclosed because it all pulls up.

 

[Xak]

I would say that when you were 12 some officer did you a favor and never documented it. Because nothing disappears in MA as far as records go, and it all needs to be disclosed because it all pulls up.

That's for sure. I'm stuck here for now, but can't wait to move back into America.

 

[M1911]

That's for sure. I'm stuck here for now, but can't wait to move back into America.

When you do, send us a message. "The chair is against the wall." "Wound my heart with a monotonous languor."

 

[Scrivener]

When you do, send us a message. "The chair is against the wall." "Wound my heart with a monotonous languor."

East wind rain.

 

[ScottS]

When you do, send us a message. "The chair is against the wall." "Wound my heart with a monotonous languor."

John has a long mustache.

 

[FITH]

Oh and NO record is ever "sealed" per say..It ALWAYS can be seen by someone... ...i.e. CORI

(Darius?)

 

[Rob Boudrie]

Oh and NO record is ever "sealed" per say..It ALWAYS can be seen by someone... ...i.e. CORI

(Darius?)

I'll save Scriv the trouble - it's "per se", not "per say"

 

[Cross-X]

Oh and NO record is ever "sealed" per say..It ALWAYS can be seen by someone... ...i.e. CORI

(Darius?)

No, I don't think you are exactly right -- the Commissioner of Probation will not disclose the contents of a sealed criminal record.

It will, however, tell an issuing authority whether the sealed record involves a disqualifying crime for purposes of MA firearms licensing.

 

[pdm]

No, I don't think you are exactly right -- the Commissioner of Probation will not disclose the contents of a sealed criminal record.

It will, however, tell an issuing authority whether the sealed record involves a disqualifying crime for purposes of MA firearms licensing.

To some people's thinking, though, anything that's "sealed" means it can't be discussed at all. Which is why it's a trap for the unwary: the common and legal definitions are quite different.

 

[FITH]

I'll save Scriv the trouble - it's "per se", not "per say"

thanks

 

[squeeze]

Questions,
1. Is there some kind of notation on a CORI that would indicate a "sealed" record?
1a. If no, where does an indication of a "sealed" record show up, is there some place other than a CORI for that to show up?
2. Would the info given to a LEO for a LTC background check be the same or different to the info given to a potential employer doing a pre-employment screening?

Thanks for any info.
Sorry if this is old news, my Google-fu has been weak lately.
Kurt

 

[jhblaze1]

Questions,
1. Is there some kind of notation on a CORI that would indicate a "sealed" record?
1a. If no, where does an indication of a "sealed" record show up, is there some place other than a CORI for that to show up?
2. Would the info given to a LEO for a LTC background check be the same or different to the info given to a potential employer doing a pre-employment screening?

Thanks for any info.
Sorry if this is old news, my Google-fu has been weak lately.
Kurt

I've found some pretty interesting info on the background checks. These sites might not answer your questions, but they are a wealth of info as far as what type of "stuff" shows up and where it comes from.

Interstate Identification Index (III, Triple I):

http://www.doj.state.wi.us/DLES/cibmanuals/files/TIME/HTML/interstateidentificationindex.htm

http://www.in.gov/isp/files/Criminal_History_Triple_I-III.pdf


NCIC:

http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm

http://www.fbi.gov/hq/cjisd/ncic.htm

http://www.fbi.gov/hq/cjisd/ncic_brochure.htm


NICS:

http://www.fbi.gov/hq/cjisd/nics.htm


IAFIS:

http://www.fbi.gov/hq/cjisd/iafis/iafisbuilds.htm

http://www.fbi.gov/hq/cjisd/iafis.htm