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How do I request an expungement?

Generally, when you make a mistake, it may have a few undesirable consequences, but you can soon move past it. However, when you make a legal mistake, the consequences can follow you throughout your life. This is especially true if you have a conviction for operating under the influence. An OUI on your record could impact your life in many negative ways. Fortunately, you may be able to expunge the conviction from your record.

The Massachusetts Probation Service explains that you must petition the court where you received the OUI conviction to seal your record. While the court only requires you to file the formal petition form that gives an explanation of what you want to be done and why you want it done, you can also include additional information that could help your expungement to move more quickly through the court.

The recommendation is to include documentation supporting your petition. This may include a copy of your criminal record and a certified copy of the court docket. You may also want to provide other documentation that addresses the things the court considers when making a judgment.

The court considers a range of factors. These include the amount of time since your conviction and the disadvantages of your conviction. The court will also consider the circumstances of the incident that led to your OUI and look for evidence that they no longer exist. The court wants to see that you can overcome any disadvantages of your conviction if it seals your record. Essentially, the court wants to know the expungement will have a benefit for you. This information is for education and is not legal advice.

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