Is a sealed criminal record considered in applying for a firearms license?

A sealed criminal record in Massachusetts does not mean the record is sealed for all purposes.  While a potential employer would not be able to view a sealed record, there are exceptions.  One example of an exception is for a "legitimate law enforcement purpose."

Even if your criminal record is sealed, an application for a firearms license in Massachusetts is deemed to be a "legitimate law enforcement purpose", and the reviewing agency would be able to see that there is a sealed record.

In addition, if the sealed record were a conviction for a disqualifying crime, you would remain ineligible by statute to obtain a license.  In addition, if the conviction is not an automatic disqualifier, the existence of that sealed record (and police records pertaining thereto) may still be used by the issuing department to address the issue of the applicant's suitability for a LTC.

Can I qualify for a License to Carry if I've been arrested?

In Massachusetts, only certain criminal convictions are deemed to be disqualifications under M.G.L. c. 140 s. 131.  However, if you are arrested or charged with certain crimes, such as assault and battery, the licensing officer in your town may still consider this in determining an applicant's suitability for a license.

Firearms licensing (with respect to the License to Carry Firearms) in Massachusetts utilizes a two-prong test, and grants significant discretion to the chief law enforcement officer as to whether the license will issue.  Although the offence will not disqualify you as a matter of law under s. 131, the existence of the record and the underlying incident may be considered by the chief as evidence of "unsuitability", which could result in the denial of an LTC/A.

Should the license be denied, you may be able to appeal the denial within 90 days to the local district court.  (M.G.L. c. 140 s. 131).

Additionally, depending on the age of the criminal record, and the circumstances of the case, you could consider applying for a Massachusetts Firearm Identification Card.  The FID will only permit you to posses non-high capacity rifles and shotguns (no handguns), but such license must be issued by the chief law enforcement officer if the applicant is not statutorily disqualified from obtaining said FID.  (See M.G.L. c. 140 s. 129B).  

Can I Seal My Criminal Record in Massachusetts?

sealing records. The act or practice of officially preventing access to a particular (esp. juvenile-criminal) records, in absence of a court order. See expungement.

expungement of record. The removal of a conviction (esp. for a first offence) from a person’s criminal record.

(Black’s Law Dictionary – Seventh Edition)

Under the Massachusetts 2010 Criminal Offender Record Information (CORI) Reform Act, an individual convicted of a crime (including entry of a plea of guilty) may seek permission from the court to seal (restrict access to information regarding the conviction) but not expunge (remove the conviction) from their criminal record.

Records may be sealed in generally three circumstances for most convictions:

1. Upon the expiration of time (10 years for a felony conviction; 5 years for a misdemeanor conviction)
    
2. Cases that were dismissed without probation, or that resulted in a not guilty finding may be sealed immediately; and
    
3. Offences that are no longer a crime (e.g., possession of less than one ounce of marijuana).

Determining when a record may be sealed is important. The waiting period is calculated from the date that the convicted person was released from custody, if incarcerated; or if the defendant was not incarcerated, the date of the disposition of the case. Additionally, conviction of any subsequent offence will reset the timing. This means that the five/ten year rule is determined from the date of the last criminal conviction.

In instances where there is no conviction (including a continuation without finding without probation, an acquittal, a finding of no probable cause, or a nolle prosequi), a petition to seal records may be filed immediately, but the Court must make a specific finding on the record that by sealing, substantial justice must be served. A vague risk of future harm, including a general threat to reputation or privacy is insufficient.

Are there any exceptions?

Yes.

Certain sex offenses can be sealed after 15 years, provided that the defendant has no duty to register as a sex offender and/or was never, at any time classified as a Level 2 or Level 3 sex offender. Otherwise, sex offense convictions may not be sealed. Crimes against public justice, such as perjury, filing a false report, witness intimidation, escape from custody and resisting arrest, as well as certain firearms offenses cannot be sealed under any circumstances.