Expungement of Mass. DUI Records, Not So Easy
The recent case of Commonwealth v. Tina Boe shows how difficult it is to get Massachusetts DUI and other related criminal charges expunged from your record, even when you are actually completely innocent of the crimes for which you have been charged. I
n the Boe case, there was no dispute that Ms. Boe was not the driver of a vehicle which left the scene of a motor vehicle accident in Boston, after causing personal injury. Although Boe was the registered owner of the car, there was absolutely no dispute that she was not the driver. Nevertheless, the highest court in Massachusetts ruled that the criminal record resulting from the crash did not have to be expunged.
Although a superior court judge ordered the Mass. Commissioner of Probation to expunge Boe’s criminal record, so that she would not be forced to live under a "cloud of prosecution," the Mass. Commissioner of Probation appealed and, today, it was announced that the criminal record reflecting the charge of leaving the scene of a personal injury accident, a violation of G. L. c. 90, § 24 (2) (a½) (1), did not have to be expunged from Boe’s Massachusetts Criminal History, even though there is no question that she did not commit the crime.
Many DUI clients ask about expungement of criminal and court records which reflect prior DUI convictions. This is generally not possible and no Massachusetts DUI Lawyer should advise his or her client that expungement of DUI records can be routinely accomplished. However, it may be possible to have the DUI record sealed, so that access to it is severely limited and its existence does not have to be disclosed on employment applications. However, the Massachusetts Registry of Motor Vehicles maintains its own database which contains DUI conviction information. The Massachusetts sealing law would not require the Registry to seal its records, which are often accessible by the public.
