A theft conviction on your record can stand in the way of future opportunities, even years after the incident. Job applications, professional licensing, and housing searches often require background checks, making it difficult for people with a criminal record to move forward. While Massachusetts law gives many residents the opportunity to seal theft convictions, the process is far from automatic. Navigating the requirements can feel overwhelming—especially if you live in Fall River or Bristol County and aren’t sure how local courts approach these matters. This step-by-step guide is designed for those with real questions, grounded in the experiences of people we’ve helped throughout Massachusetts as they work to put past mistakes behind them.
Who Can Seal a Theft Conviction in Massachusetts?
Not every theft conviction in Massachusetts qualifies for sealing. State law lays out strict rules about which convictions are eligible and how the process works. Most misdemeanor theft offenses, such as larceny under $1,200, can be sealed once you meet all post-conviction requirements. Felony theft convictions—like grand larceny—face more scrutiny. Massachusetts General Laws Chapter 276, Section 100A sets the framework for sealing, identifying both eligible and ineligible crimes and timelines.
Some offenses are permanently ineligible for sealing, including certain violent or sexual crimes. In general, theft convictions are sealable if you meet the state’s waiting periods and complete your sentence, including probation and payment of restitution. If your case ended in a dismissal, not guilty finding, or continuance without a finding (CWOF) that you completed successfully, you may be eligible to apply for sealing right away instead of waiting the usual period.
Keep in mind that your entire criminal record affects eligibility. Anyone with multiple convictions—or a recent charge—should review their Criminal Offender Record Information (CORI) to determine what can be sealed and when. Sometimes a single probation violation or unpaid fine can delay eligibility. Reviewing your CORI carefully ensures you start the process at the right time and avoid unnecessary denials.
When Can You Start the Sealing Process for a Theft Conviction?
Massachusetts places a waiting period on sealing criminal convictions. For misdemeanor theft convictions, you must wait three years from the end of your sentence—including probation & payment of fines—before you can apply to seal your record. Felony theft convictions require a seven-year wait. The clock starts after finishing every condition of the sentence, not just at the date of sentencing. If you were on probation, the waiting period begins the day after your final probation day.
New criminal convictions during this time reset the waiting period for all prior cases, even if those previous offenses were unrelated to theft. For example, if you finished probation for shoplifting in 2020 but were convicted of a different crime in 2021, you must wait until the latest sentence and waiting period expire before applying to seal both offenses. The state reviews your entire record for current eligibility, so it’s important to track all open and closed cases.
If your case ended in a dismissal, CWOF, or “not guilty” verdict, you can typically apply for sealing right away. These cases don’t trigger the standard waiting period. You’ll need to apply through the Commissioner of Probation with the required forms and documentation. Sealing dismissed or not-guilty charges helps prevent misunderstandings or unfair treatment due to mere allegations.
What Are the Steps to Seal a Theft Record in Fall River & Massachusetts?
Sealing a theft conviction in Massachusetts involves several detailed steps. Whether you’re in Fall River or elsewhere in the state, the fundamental process is similar. Begin by obtaining a copy of your CORI report from the Massachusetts Department of Criminal Justice Information Services (DCJIS). Check the record for accuracy, ensuring all case numbers, dates, & dispositions match court records.
Next, gather the correct petition forms. The Petition to Seal is available online through the Massachusetts court website or directly from local courts such as Fall River District Court or Bristol County Superior Court. Fill out the petition with information for each conviction you want sealed. Include supporting documents showing you completed probation, paid all fines, and met any restitution orders.
File your petition at the clerk’s office in the courthouse where the conviction occurred. In Bristol County, misdemeanor theft cases are usually processed in District Court and felonies in Superior Court. After filing, you may receive a date for a sealing hearing. Bring valid identification when filing in person. Many people choose to work with a criminal defense attorney who understands local court practices, ensuring their petition is complete & correctly filed. Errors or missing documentation can delay or jeopardize your request.
- Obtain your CORI report
- Check for errors or recent cases
- Get the Petition to Seal from the correct court
- Complete forms with all necessary details
- Gather proof of completed sentences & payments
- File at the courthouse that handled your case
- Prepare for a possible hearing
Can You Seal Multiple Convictions in Massachusetts?
You can petition to seal more than one conviction in Massachusetts, but the law reviews all your offenses together when determining eligibility. Each conviction must separately meet the waiting period and completion requirements before it’s eligible for sealing. For example, two theft convictions from different years can both be sealed if the waiting period has expired and no new offenses have occurred to restart the clock. If you have a mix of eligible and ineligible convictions, you may still petition to seal those that qualify, but must declare all on your application.
If you’re seeking to seal convictions from multiple jurisdictions or counties, you often need to file separate petitions in each court where those convictions originated. Courts review patterns of behavior, so those with repeated offenses or multiple theft convictions should be prepared to show evidence of rehabilitation and changed circumstances. Supporting materials—such as job offers or community service records—strengthen these applications.
Sealing multiple convictions is more complicated than sealing a single offense. Judges may require additional documentation, personal statements, or demonstration that you no longer pose a legal or public safety risk. Legal counsel can help navigate these steps, especially if your record presents any patterns that may raise judges’ concerns in Bristol County or elsewhere in Massachusetts.
What Should You Expect at a Sealing Hearing for Theft Conviction Records?
Many theft sealing petitions—especially for felonies—result in a court hearing. This hearing gives you the chance to explain to a judge why sealing your record is justified. Judges look beyond timelines, expecting a clear demonstration of how your conviction continues to impact your life and what you’ve done to make positive changes since. Attending in person is generally required, though remote attendance may be permitted in some local courts.
At the hearing, be prepared to answer questions about your rehabilitation, employment, education, and personal circumstances. Judges often want to know about your contributions to the community, efforts to avoid further trouble, and your future goals. Bring documents such as job offers, housing rejections due to your record, community service history, or letters from rehabilitation programs to support your case. Judges use these details to decide whether sealing serves the public interest and offers you a fair chance at moving on.
Having a criminal defense attorney at the hearing can make a significant difference. Attorneys familiar with Bristol County or Fall River courts often know what judges look for and how to present your case effectively. If the district attorney objects to sealing, your attorney can also address those concerns directly, clarify any confusion in your record, and make persuasive arguments in your favor. In high-stakes cases, professional preparation can tip the balance toward a positive outcome.
Does Sealing a Theft Conviction Remove It from All Background Checks?
Sealing a theft conviction in Massachusetts means that the record is no longer available to most employers, landlords, or the general public through CORI background checks. You may legally state on most job or housing applications that you have no record of conviction once the process is complete. This legal protection is especially important in tight housing and job markets, such as those around Fall River.
However, a sealed record is not deleted entirely. Some government agencies—such as law enforcement, public schools, childcare employers, state licensing boards, and agencies conducting national security checks—retain access to sealed records. Prosecutors and judges can also view sealed records in future criminal proceedings. Private background check companies outside Massachusetts may uncover sealed convictions if they use outdated or incomplete sources.
Anyone planning to pursue work in industries such as banking, education, or healthcare should research what records background investigators can legally access. For individuals with complex professional plans, a criminal defense attorney knowledgeable about both state and federal procedures can help clarify what to expect after sealing and how to best represent yourself legally in future applications.
How Does Sealing a Theft Conviction Affect Your Job, Housing & Licensure Prospects?
Most people who seal their theft convictions experience a marked improvement in their employment and housing options. Once a record is sealed, standard CORI checks used by most Massachusetts employers and landlords show nothing about the sealed case. State law prohibits most employers from asking about or using sealed records as a factor in hiring decisions, and landlords must follow similar rules in the rental process.
For those seeking professional licenses, most state boards cannot use sealed records as grounds to deny an application. However, certain careers—especially those involving finance, children, or vulnerable adults—may require more in-depth screening, and national licensing boards may have their own disclosure rules. If you are concerned about questions on licensing applications, a legal consultation can help you plan honest, accurate answers without oversharing.
In rare cases, sealed records may appear during FBI fingerprint checks or for jobs requiring national security clearances. Applicants for these roles should disclose sealed Massachusetts convictions honestly if asked by federal authorities. Working with an attorney can bring peace of mind by helping you prepare responses for tricky applications, giving you a real chance to move forward without your past continuing to limit you.
What Are the Risks & Drawbacks of Sealing a Criminal Record in Massachusetts?
While sealing a theft conviction can be life-changing, the process involves risks & limitations that deserve careful consideration. Not all offenses can be sealed, and even eligible cases may be denied if the judge determines that sealing does not serve the public interest. Mistakes in the petition, such as incomplete information or missing paperwork, often result in denial and can make future applications more difficult.
Certain employers, licensing agencies, and government authorities may still access sealed records. This is especially true for federal jobs or positions regulated by national boards. Misunderstandings about what sealing actually covers can create complications if you mistakenly state you have no record when an agency is legally permitted to see something more.
Even though Massachusetts law prohibits discrimination based on sealed records, not all employers or agencies follow the law perfectly. Some people feel uncomfortable answering background check questions after sealing, especially in situations that require an honest account of any past convictions. Discussing these scenarios with a knowledgeable legal team can help clarify your rights and obligations before you apply to jobs, apartments, or professional programs.
Can Sealing a Theft Conviction Affect Immigration Status?
If you are not a U.S. citizen, a sealed theft conviction in Massachusetts can still affect your immigration status. Federal immigration authorities such as USCIS may access sealed convictions when reviewing applications for visas, green cards, citizenship, or certain benefits. Sealing a record makes it invisible to most employers and landlords, but it does not erase the record from federal databases or make it disappear in immigration proceedings.
Theft offenses are often classified as crimes of moral turpitude under federal immigration law. Having one of these convictions—even when sealed by the state—can prevent you from becoming a permanent resident, bar eligibility for U.S. citizenship, or affect your ability to re-enter the country after travel. Always disclose sealed convictions to immigration authorities as failing to do so may lead to serious penalties or denial of your application.
If you face complex questions about your record and immigration status, legal professionals with real experience in both criminal defense and immigration law can help. In some cases, the only safe course involves carefully coordinating legal strategies across both state and federal systems. Our firm works closely with clients in these situations to develop an approach that protects your future in Massachusetts and throughout the U.S.
Why Work with a Criminal Defense Attorney on Record Sealing in MA?
Handling record sealing on your own in Massachusetts can be intimidating, especially with a complex record or confusing paperwork. Criminal defense attorneys bring extensive experience with local courts—including those in Fall River, Bristol County, Plymouth County, and Cape Cod—so you avoid errors that can delay or derail your application. An attorney will carefully review your CORI report, check for eligibility issues, and ensure all deadlines and forms are handled properly from start to finish.
Local attorneys understand the nuances and expectations of judges in each court. At a hearing, a defense attorney can help you present evidence of rehabilitation, respond to objections from prosecutors, and make your strongest case for sealing. Our years of dedication to criminal defense allow us to guide clients toward gathering the supporting materials that matter most, whether it’s proof of community involvement or documentation of new employment offers.
Choosing a firm with deep roots in the Massachusetts legal community means you benefit from relationships and knowledge that can make a real difference. Our team at Law Office of Frank D. Camera and Associates, P.C. is committed to personal, attentive service at every stage. When sealing your theft conviction feels overwhelming, we’re ready to answer your questions, clarify your next steps, and provide support based on our real-world experience within the state’s justice system.
What Should You Do If Your Petition to Seal Is Denied?
If a court denies your petition to seal a theft conviction, take proactive steps to improve your chances in the future. First, review the court's written reasons for denial. Common reasons include incomplete forms, ineligibility under statutory timelines, or a judge’s finding that sealing is not in the public interest. Correct any mistakes and gather evidence that addresses the court's concerns directly to strengthen a future application.
Depending on the reason for denial, you may be able to file an appeal or reapply after a set waiting period. Appeals require careful planning, as you must submit new legal arguments or additional facts why sealing is now appropriate. Working with a criminal defense attorney helps you build a compelling case, whether drafting a new petition or preparing for a hearing on appeal in front of Bristol County or Massachusetts judges.
Perseverance and preparation pay off. Applicants who follow procedural requirements and respond directly to the court’s concerns are more likely to achieve success on subsequent petitions. Our firm is here to answer your questions, review setbacks, and help you prepare so that your next attempt stands the best possible chance in the eyes of the court.
Where to Find Local Support & Resources for Sealing Convictions in Fall River
Sealing a theft conviction in Fall River or elsewhere in Massachusetts is easier with local support. The Fall River Justice Center, located at 186 South Main Street, handles District and Superior Court cases involving criminal record sealing. The clerk’s office there provides necessary forms and answers procedural questions about filings and hearing dates.
Several organizations give free or low-cost support for record sealing. Southeast Massachusetts Legal Assistance and the Committee for Public Counsel Services (CPCS) both offer help for eligible individuals. Community groups and reentry services may assist with paperwork, documentation, or even transportation to your hearing if you’re juggling work, family, or other obligations.
You don’t have to tackle sealing your record solo. At Law Office of Frank D. Camera and Associates, P.C., we bring decades of criminal defense experience, deep knowledge of Massachusetts law, and a commitment to personalized support for every client. Call us at (877) 444-1098 to schedule a free, confidential consultation. Let us guide you toward a future defined by your achievements and potential, not by a mistake in your past.