Page 27 - BusinessWest October 3, 2022

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S.M. REILLY ASSOCIATES LLC
281 State St., Springfield, MA 01103 (413) 788-6674; www.attorneyreilly.com
BOBROWSKI & VICKERY, LLC
27 Pray St., Amherst, MA 01002
(413) 992-2915; www.pioneervalleylaw.com
GELINAS & LEFEBVRE P.C.
554 Grattan St., Chicopee, MA 01020 (413) 532-0010; www.attorneysgl.com
JEREMY D. BLOCK, ATTORNEY AT LAW
299 Walnut St., Agawam, MA 01001 (413) 348-8824; www.jdblocklaw.com
KC LAW
30 Court St., Suite 1, Westfield, MA 01085 (413) 251-1010; www.kctrialattorney.com
MARTINELLI LAW LLC
1441 Main St., Suite 905, Springfield, MA 01103 (413) 317-7274; gmartinellilaw.com
LAW FIRM
NUMBER OF LAWYERS
3
2
2
2
2
2
1
1
1
1
1
1
LAW FIRMS
RANKED BY NUMBER OF LAWYERS
AREAS OF PRACTICE / DESCRIPTION OF SERVICES
29 SCHMIDT & SIKES, P.C.
179 Northampton St., Easthampton, MA 01027 (413) 203-5313; www.schmidtandsikes.com
38 BEGLEY WEBSTER
1284 Elm St., Suite 3, West Springfield, MA 01089 (413) 733-1400; www.begleywebster.com
38 CASARTELLO & MURPHY P.C.
121 State St., Suite 203, Springfield, MA 01103 (413) 781-4700; www.cmattys.net
38 GOLDSMITH, KATZ, ARGENIO P.C.
1350 Main St., Suite 1505, Springfield, MA 01103 (413) 737-5996; www.gkalawfirm.com
43 J.M. DISCENZA LAW, LLC
330 Whitney Ave., Suite 430, Holyoke, MA 01040 (413) 567-8411
43 THE LAW OFFICES OF H.W. PFABÉ East Longmeadow, MA 01028
(413) 426-3896; wwwpfabelaw.com
43 W. ROCKNE PALMER
48 East Silver St., Suite 1, Westfield, MA 01085 (413) 562-4166
Records
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individuals to seek expungement. Following the first pathway (referred to as ‘time-based’ expungement), individuals who, before age 21, committed cer-
tain low-level offenses may apply to expunge those records.
Following the second pathway (known as ‘rea- son-based’ expungement), an individual can seek expungement of juvenile and adult criminal court appearances and dispositions by presenting ‘clear and convincing evidence’ that the record was created as a result of false identification or unauthorized use or theft of identity of the petitioner; fraud perpetrated on the court; ‘demonstrable’ error by law enforce- ment, witnesses, and/or court employees; or an offense that is no longer a crime.
There is a ‘strong presumption’ in favor of expungement of records created as a result of one of the statutory factors. That said, expungement is not automatic. A judge has discretion and must still bal- ance that presumption against any ‘significant coun- tervailing concern’ that may be raised when deciding if expungement is ‘in the best interests of justice.’ If none are raised, the judge must order expungement.
An expungement order results in permanent era-
Elder law; mental-health law; estate planning; probate; guardianships and conservatorships
Divorce and family law; commercial and residential real estate; Social Security disability appeals; personal injury; estate planning
Personal injury; criminal and civil litigation; commercial litigation; workers’ comp; business law; auto accidents
Personal injury; divorce and family law; bankruptcy; landlord/tenant; criminal law; business law; estate planning; labor law; real estate
Estate planning; estate settlement
Intellectual property; patents; trademarks; copyright; trade secrets; non-disclosure agreements; medical devices; IP licensing; entertainment law; unfair competition
Probate; personal injury; litigation; real estate; family law; divorce; criminal law
3
Real estate; condominium law; foreclosure; business law; municipal law; commercial/residential leases; licensing; family court
Employment law (discrimination defense); landlord-tenant; trademark law; legislative drafting; land use; elder law; estate planning
Personal injury; business and corporate law; commercial and residential real estate; estate planning; elder law and estate administration; business acquisitions and franchises; bankruptcy and litigation
Estate planning; real estate
Personal injury; business and civil litigation; medical malpractice; business formation; claims of death benefits; consumer-protection claims; contractor disputes; insurance-agency malpractice; landlord/tenant matters; legal malpractice; unfair trade practices/93A
Corporate and real estate financing law and in-business transactions, i.e.,mergers and acquisitions
BusinessWest
LAW
OCTOBER 3, 2022 27
sure and destruction of the record of the qualifying offense. Expungement of the record for a qualifying offense will have no effect on the existence of other records related to the same or other incidences.
Sealed or Expunged Records
It is important to understand the policy reasons that support the sealing and expunging of records. As the SJC noted in its recent decision, whether to seal
a record ultimately relies on a defendant’s and the Commonwealth’s interests in keeping the information private, which includes “reducing recidivism, facili- tating reintegration, and ensuring self-sufficiency by promoting employment and housing opportunities for former criminal defendants.”
With regard to expungement, the SJC stated that by specifically creating the qualifying reason-based factors, the Legislature itself had identified a good cause basis for expungement. Records created as a result of one of those factors “have virtually no bear- ing on whether the petitioner might commit a crimi- nal act in the future, and their value to society there- fore is vanishingly small.”
Once sealed or expunged, a record cannot dis- qualify a person from examination, appointment, or
application for employment with any government agency, or in determining if that person is suitable for the practice of any trade or profession requiring a license.
Any application for employment that seeks infor- mation concerning prior arrests or convictions
must contain the statements required by the stat- utes relating to sealing records and expungement of records regarding the applicant’s ability to answer ‘no record’ when records have been sealed or expunged. Employment applications should be reviewed to ensure compliance with the required language.
This article gives a general description of sealed and expunged criminal records. However, proce- dures for and the effects of sealing and expungement are complicated. Therefore, interested individuals should carefully review Massachusetts General Laws, Chapter 276, sections 100A-U, or seek advice from an attorney. u
Justice Mary-Lou Rup is a retired Massachusetts Superior Court judge and now senior counsel at Bulkley Richardson. Briana Dawkins is also an attorney at Bulkley Richardson, where she practices in the employment and litigation groups.