Massachusetts no longer has an expungement statute. Your child's record cannot be "wiped clean," but you may be able to seal their record with the help of an attorney. Generally, sealed records are only accissible to law enforcement.
Your child has been charged with a 1st offense underage DUI and you are concerned about their future. A DUI is a serious charge. You should consult with a lawyer immediately to ensure that your child’s rights are protected and you both have the guidance you need to move forward.
Aside from court fees, fines, and sentencing obligations, the loss of your child’s driving license can impact their ability to work and drive in the future. Massachusetts has some of the strictest DUI laws in the country. Here is what a 1st offense DUI means for your child’s criminal and driving records:
- If your child was under the age of 18 at the time of their arrest, they will be tried as a juvenile. Juvenile records do not appear on criminal background checks. If your child is found delinquent or receives a Continuance Without a Finding (CWOF), the OUI will forever appear on their driving record.
- If your child was over the age of 18 at the time of their arrest, their DUI stays on both their Massachusetts criminal record and driving record permanently. You child can, however, petition the court to seal their record. There is no mechanism to seal a driving record.
After their suspension period ends, you can work with a lawyer to get their license reinstated. Remember, a DUI does not mean your child’s life is over. People from all walks of life are charged with DUI. Many of them move on and lead very successful lives.
Underage DUI and Your Child’s License
Drivers under the age of 18 face harsher DUI license penalties than adults. Drivers under the age of 21 face harsher license penalties than those over the legal drinking age.
If your child is under the age of 18 and refuses a breath test, they will face the following licensing penalties for a 1st offense DUI:
- 3-year Refusal Suspension + 1-year JOL Suspension
If your child is between the ages of 18 and 21, they will be tried as an adult but are still subject to Mass. Gen. Laws ch. 90 § 24P, or the Junior Operator Law (JOL). If your child refused a breathalyzer test, they will face licensing penalties for a 1st offense DUI:
- 3-year Refusal Suspension + 180-day JOL Suspension
Your child will also face a fine of $500 to $5,000. Technically, your child can also face jail time in either a house of corrections (if over 18) or be committed to the Department of Youth Services (if under 18). Massachusetts, however, allows the Alternative Disposition for most first offenders, which imposes probation for up to 2 years and the completion of a driver alcohol education program.
Alternative disposition is the most common outcome for 1st offenders.
Sealing Your Child’s Criminal Records
A Massachusetts DUI attorney will defend your child’s rights in court and attempt to get them a favorable outcome at trial. If your child receives a verdict of “Not Guilty” or their case is dismissed, a lawyer can help them seal their record.
Understandably, many parents want to know if their child’s records can be wiped clean if they are convicted of DUI or if they receive a Continuance Without a Finding (CWOF). It’s also common for parents to ask if their child’s record can ever be “expunged.” Massachusetts no longer has an expungment statute. The closest thing you can achieve would be the sealing of the record.
Sealed records are not “wiped clean,” but they are made more confidential. Sealed records are generally only accessible to law enforcement. Lawyers and law enforcement will only be informed that the record is sealed if they inquire. Anyone else will be told that the individual has no record.
Criminal Records and Driving Records
If your child was charged with a DUI between the ages of 18 and 21, their DUI will stay on their criminal record permanently, unless and until it is sealed by the court. Criminal record offender information (CORI) is typically only accessible to law enforcement. However, employers and landlords may require an individual to grant them permission to view a CORI as part of an application. You and your child may view their CORI as well.
While criminal records can be sealed, Massachusetts RMV records cannot. A DUI is considered a criminal moving violation and remains on a Massachusetts driving record permanently.
A DUI on your child’s driving record will be reported to their insurance company as well as to other government agencies. These records are available to prospective employers.
If you have any additional questions or concerns regarding your child’s records or underage DUI in Massachusetts, contact an experienced Massachusetts DUI defense attorney. Your child faces some challenges, but a DUI doesn’t have to derail their prospects for the future.
