Sealing Criminal Records as a Non-Citizen in Massachusetts

Sealing your criminal record could harm your immigration status. Learn the risks non-citizens face and how Attorney Patrick J. Murphy can help protect your future in Massachusetts.

The Hidden Risks of Sealing Criminal Records for Non-Citizens

If you are not a U.S. citizen and have been involved in the Massachusetts criminal legal system, you may be eager to seal your criminal record and move forward. However, sealing your record could cause serious — and sometimes unexpected — problems for your immigration status.

At the Law Office of Patrick J. Murphy, we believe it is critical for non-citizen clients to understand all the consequences before sealing their criminal cases. Here’s what you need to know:

Immigration Officials Can Still See Sealed Records

Even if your criminal record is sealed under Massachusetts law, immigration officials still have access to it. Whether you are applying for a green card, seeking U.S. citizenship, renewing your visa, or fighting removal (deportation), immigration authorities will run a full background check — and that includes sealed cases.

Sealing your record does not erase it in the eyes of immigration law.

You Must Disclose Sealed Records in Immigration Proceedings

Failing to disclose sealed cases can be devastating. If you do not list sealed criminal charges when required on immigration applications, you risk:

• Denial of your immigration application
• Being accused of immigration fraud
• Facing removal (deportation) proceedings

Many non-citizens mistakenly believe they do not have to disclose sealed records, putting themselves at serious risk. Immigration forms often require full disclosure of any arrests or court appearances, regardless of the final outcome or current status of the record.

Sealed Records Can Be Hard to Access Later

Another major issue: once your record is sealed, getting certified copies of your court documents can become very difficult. Yet immigration officials often require these certified copies to properly evaluate your case. If you cannot provide them, your immigration application may be delayed or denied.

By sealing too soon, you may lose the ability to quickly gather the paperwork you need to defend your immigration status, apply for benefits, or adjust your visa or green card.

Know Your Rights: You Can Object to Sealing

If your case is eligible for automatic sealing — for example, after a not guilty finding — you have the right to object. In many situations, it may be better for non-citizen defendants to not seal their records right away.

By keeping the record open:

• You retain easy access to court documents.
• You can still seek sealing later if needed.
• You avoid unintentional missteps in your immigration case.

Before deciding, you should consult both your criminal defense attorney and your immigration attorney. Every case is different, and professional guidance can prevent avoidable problems down the road.

If You Still Choose to Seal Your Record

If you decide that sealing your record is the best option after understanding the risks, you should:

• Request certified copies of all court documents before the case is sealed.
• Keep these certified copies in a safe place.
• Always disclose your sealed record when dealing with immigration authorities.

You should also be prepared to explain the underlying circumstances of any charges, even if they ended favorably.

Upcoming Changes in the Law

Massachusetts lawmakers are considering bills that would expand the types of cases eligible for automatic sealing and make it easier to obtain certified copies of sealed records. While these changes may help, sealed records will still pose unique challenges for non-citizens.

At the Law Office of Patrick J. Murphy, we stay up to date on the law to ensure you receive the best advice for both your criminal and immigration situations. Our goal is to protect your rights and your future every step of the way. Contact us today at 617-367-0450 if you are a non-citizen facing criminal charges or considering sealing your record. Careful planning now can protect your future in the United States.