How Do I Seal My Restraining Order Record in Massachusetts?
It is extremely difficult to have a Massachusetts restraining order record sealed or expunged, although an order can be obtained at an ex parte hearing without you even having the opportunity to defend yourself. If you wish to have a restraining order record sealed or expunged, you should absolutely obtain legal assistance. While the effort may be difficult, it can be worth it; having a restraining order on your record can potentially keep you from some occupations, such as law enforcement, physician, therapist, pharmacist or nurse, and hinder you from becoming a foster parent or working for certain social services agencies.
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Review the current legal position on sealing and expunging restraining order records. Pursuant to Massachusetts General Laws Chapters 208 or 209A, which govern the issuance of protection orders in Massachusetts, the recipient of an abuse prevention “restraining” order have a permanent civil record of restraining order is contained and discoverable within the statewide domestic violence registry system. This record may be disclosed to certain employers, schools and others no matter what the ultimate outcome of the civil dispute may be.
The Massachusetts courts' "Guide to Public Access, Sealing, and Expungement of District Court Records" statement on restraining order records is that only "fraudulently-obtained" abuse prevention orders may be expunged from the registry, “in the rare and limited circumstance that the judge has found through clear and convincing evidence that the order was obtained through fraud on the court.”
The landmark 2006 case Chamberlain v. Khanilian, Waltham District Courts No. 0651RO99 was the first instance of such action being made.
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Obtain legal assistance. A good defense lawyer is absolutely vital to your success in this process.
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Appear in court and make your case. You will need to demonstrate that the plaintiff--the person who took out the restraining order against you--obtained the order fraudulently. One way to do so is to demonstrate that the plaintiff presented false evidence against you. You may also try to show that the plaintiff did not actually need protection from you, and was aware of that fact, by using evidence such as witness testimony or written communication.
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