Articles Posted in Records and Collateral Consequences

A Massachusetts criminal case that ends without a conviction still produces a record. The dismissal, the nolle prosequi, or the acquittal remains in the court file, in the probation records, and in the criminal offender record information system until it is sealed or expunged. The remedies differ in kind. A sealed record continues to exist…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense The question arrives weekly in this office: the case is over, I won, so when does the record disappear? For a Massachusetts case there is a real answer, with statutes and waiting periods and a petition to file. For a…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Nearly every client asks the same question at the first meeting. The case is weak, so why will the judge not simply dismiss it? The question is reasonable. The answer is that Massachusetts judges do not have that power, and…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense Clients ask about sealing and expungement more than almost any other topic, and the questions usually start from the same misconception, that a judge simply decides whether he feels the petitioner deserves it. Massachusetts law is far more structured than…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A probation violation notice reads like a foregone conclusion. It is not one. The violation must be proven at a hearing, the proof must meet standards that Massachusetts appellate courts enforce, and the appellate reports contain a steady line of…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense A Massachusetts probation violation notice arrives by mail, by a phone call from your probation officer, or at the moment of a new arrest. Whatever form it takes, a probation surrender triggers a separate legal proceeding that runs independently of…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense You received a notice in the mail or a call from your Probation Officer. You are being surrendered for a probation violation. Or perhaps you were arrested on a new charge and you know that a surrender warrant is coming.…

By Attorney Joe Serpa | Georgetown University Law Center | 30 Years Massachusetts Criminal Defense In 2025 and 2026, the enforcement environment for non-citizens in Massachusetts changed profoundly. Federal immigration enforcement intensified nationally, SEVIS terminations for international students accelerated, and the State Department began revoking visas after criminal arrests far more aggressively. A non-citizen who…