• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Need help expunging MA. juvenile record from 1986. I had MA pistol permit for over 20 yrs, currently have a CT. LTC and Liosa.

Joined
Oct 14, 2022
Messages
3
Likes
1
Feedback: 0 / 0 / 0
I went to local PD. they suggested I file an appeal. I attempted to send in appeal and it was rejected they would not hear my appeal. The charge on record is B&E (I would not tell on the kids that broke into a school so I was charged with them). I am retired D.O.C. and have had no issues with the law since 1986. I went to Juvenile court to get a copy and they have no record of the offense I was told they were destroyed and have a letter from court. Looking for an Attorney who can help expunge juvenile record.
 
Why bother at this stage? Unless it’s hindering some future plan, you’re already retired. Why throw away money in this economy?
 
Why bother at this stage? Unless it’s hindering some future plan, you’re already retired. Why throw away money in this economy?
The juvenile record is a bar to obtaining a MA LTC, and there have been ressurrections of long dead issues.

Governor's Pardon is another alternative, but good luck getting it with the "yes" box checked to "Firearms rights restored" on the pardon certificate.
 
The juvenile record is a bar to obtaining a MA LTC, and there have been ressurrections of long dead issues.

Governor's Pardon is another alternative, but good luck getting it with the "yes" box checked to "Firearms rights restored" on the pardon certificate.
Why bother with a MA LTC when he’s covered by LEOSA?

ETA: nevermind I just answered my own question. Still needs an LTC to make purchases. LEOSA doesn’t cover purchases of firearms or ammo if I remember correctly.
 
Last edited:
What is the story? Did you apply already?
It got rejected? If so how did you answer question four?
You only said "went to local PD. they suggested I file an appeal."
That could mean a lot of things
 
I went to local PD. they suggested I file an appeal. I attempted to send in appeal and it was rejected they would not hear my appeal. The charge on record is B&E (I would not tell on the kids that broke into a school so I was charged with them). I am retired D.O.C. and have had no issues with the law since 1986. I went to Juvenile court to get a copy and they have no record of the offense I was told they were destroyed and have a letter from court. Looking for an Attorney who can help expunge juvenile record.
Were you convicted or CWOF? I have a felony from 1986 also (A&B Dangerous Weapon) but it was flat out dismissed.

All records have long since been lost, so you can tell them whatever you want in regard to the situation. The only thing left are the dates and disposition of the case. Victims, witnesses, evidence, etc. are all gone with the sands of time.
 
Why bother with a MA LTC when he’s covered by LEOSA?

ETA: nevermind I just answered my own question. Still needs an LTC to make purchases. LEOSA doesn’t cover purchases of firearms or ammo if I remember correctly.

513 CMR 6.03

(5) Certified LEOSA Instructor Obligations. The LEOSA Instructor shall:
(c) Require, on the course date, the student to present a valid license to carry issued pursuant to M.G.L. c. 140, § 131.
 
Governor's Pardon is another alternative, but good luck getting it with the "yes" box checked to "Firearms rights restored" on the pardon certificate.
I’m sure that was true previously but Baker has just issued a couple for firearms rights restoration.
 
What is the story? Did you apply already?
It got rejected? If so how did you answer question four?
You only said "went to local PD. they suggested I file an appeal."
That could mean a lot of things
I applied at local PD- they denied because of Juv. record said I could appeal to firearms division in Boston. I tried to appeal and my application to appeal was returned - they said I do not qualify for the appeal because of B&E unarmed into a closed down teen center was a charge that cant be appealed. I was told I need to get juv. record expunged
 
I applied at local PD- they denied because of Juv. record said I could appeal to firearms division in Boston. I tried to appeal and my application to appeal was returned - they said I do not qualify for the appeal because of B&E unarmed into a closed down teen center was a charge that cant be appealed. I was told I need to get juv. record expunged
You do not appeal a statutory conviction to the firearms licensing people. If you applied (not appealed) to the FLRB (Firearms Licensing Review Board) then it would be withing their purvue to determine an offense was not within the scope of what they are statutorily allowed to relieve.

Expungement is very rare in MA cases, and an appeal in the courts requires some sort of reversible error. A good attorney may, emphasis may, be able to get the case reopened and closed out with a non-prohibitive disposition.

This is a classic case of "represent yourself only if you would prefer losing to paying the legal fees".
 
Last edited:
there are other ways to handle this, and Neil will advise you

Easiest? Argue ineffective counsel from your attorney, noting you were not told that by pleading guilty or taking a CWOF would make you a PP.

Neil has a track record of getting cases re-dispositioned in cases like this.

That statement is not legal advice, nor a guarantee that he can use it to fix your problem, but it is just one option open to you.

Care to name the court (district) it happened in?

Neil may be geographically too far away to handle the case, but I have full faith in his abilities
 
Easiest? Argue ineffective counsel from your attorney, noting you were not told that by pleading guilty or taking a CWOF would make you a PP.
Excellent point, however, a CWOF does not make one a prohibited person except during the continuation period when the charges are technically still pending.
 
Ineffective counsel, all the records are gone, appellant is a fine upstanding citizen otherwise and former corrections officer ( or in the field )

Most Judges are going to see this as an easy case for reversal IMHO
 
The juvenile record is a bar to obtaining a MA LTC, and there have been ressurrections of long dead issues.

Governor's Pardon is another alternative, but good luck getting it with the "yes" box checked to "Firearms rights restored" on the pardon certificate.

Computers have a long reach and a longer memory. This happened to two people I know, one a family member.
 
(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of: (A) a felony; (B) a misdemeanor punishable by imprisonment for more than 2 years; (C) a violent crime as defined in section 121; (D) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; (E) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C, including, but not limited to, a violation under said chapter 94C; or (F) a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33); provided, however, that, except for the commission of felony, a misdemeanor crime of domestic violence, a violent crime or a crime involving the trafficking of weapons or controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever occurs last, for 5 or more years immediately preceding such application and the applicant's right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the conviction or adjudication was entered, then the conviction or adjudication shall not disqualify such applicant for a firearm identification card;

And it seems like B&E in MA is a felony while "intending to commit a felony"

Section 16A. Whoever in the nighttime or daytime breaks and enters a building, ship, vessel or vehicle with intent to commit a misdemeanor shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than six months, or both.

So if you broke into a building and just looked around and left max penalty is six months
Below the disqualification of two years (Like how a OUI crosses that)
Non felon/non domestic/non drug/non domestic/non two year max penalty = not a PP ???

So I do not see how you are a PP?
I assume you have been answering question four incorrectly

Maybe your issue is appealing the rejection because of the incorrect answer and you do not need a expungement ?

But I am just some random guy on a form and not a pro
 
I think you should get the disposition from the courthouse first before Attorney Tassel.

Once you have that document Attorney Tassel will have a more solid plan to resolve this for you.

I’m sure he’ll give you an initial consultation though.
 
Back
Top Bottom