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Motion To Seal Record Form. This is a Massachusetts form and can be use in State District Court Statewide.
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Tags: Motion To Seal Record, Massachusetts Statewide, State District Court
MOTION TO SEAL RECORD
DOCKET NO(s).
under G.L. c. 276, § 100C or c. 94C, § 44
DEFENDANT'S NAME
Massachusetts Trial Court
District Court Department
COURT DIVISION
On _______________________ , _______ , the criminal charge(s) against me, with the docket number(s) listed above,
terminated in:
G
G
G
G
a finding or verdict of not guilty.
a dismissal by a judge.
a nolle prosequi (dismissal by the prosecutor).
a finding of no probable cause.
I, therefore, respectfully request this Court to order that the record(s) of the criminal charge(s) be sealed, for the
following specific reasons:
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
________________________________________
(Attach additional pages as necessary.)
PETITIONER'S SIGNATURE
DATE
SIGNED UNDER THE PENALTIES OF PERJURY.
x
ORDER OF COURT AFTER PRELIMINARY HEARING OR PETITIONER'S WAIVER
G
After preliminary hearing and pursuant to Globe Newspaper Co. v. Pokaski, 868 F.2d 497 (1st Cir. 1989), and
Commonwealth v. Doe, 420 Mass. 142 (1995), the Court finds that no prima facie case in favor of sealing has
been shown, and the motion is therefore DENIED SUMMARILY.
G
After petitioner's waiver of preliminary hearing and pursuant to Globe Newspaper Co. v. Pokaski, 868 F.2d 497
(1st Cir. 1989), and Commonwealth v. Doe, 420 Mass. 142 (1995), the Court finds that no prima facie case in
favor of sealing has been shown, and the motion is therefore DENIED SUMMARILY.
G
The Court finds that a prima facie case that sealing the record will effectuate a compelling government interest
has been shown, and the motion is therefore continued for at least 7 days to ________________ , 20_____ at
__________ A.M./P.M. FOR A FULL HEARING. The clerk-magistrate shall give the probation department and
the district attorney's office notice of the hearing, and shall post a copy of the motion on a public bulletin board
until the hearing. The district attorney's office shall post a copy of the motion on a public bulletin board until the
hearing. The district attorney's office shall give notice to the victim, if any.
JUDGE'S SIGNATURE
DATE
x
ORDER OF COURT AFTER FINAL HEARING
Pursuant to Globe Newspaper Co. v. Pokaski, 868 F.2d 497 (1st Cir. 1989), and Commonwealth v. Doe, 420 Mass. 142
(1995):
G
G
DATE
The motion is DENIED after full hearing.
The motion is ALLOWED after full hearing; findings of fact and order are attached.
JUDGE'S SIGNATURE
x
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