If you received a summons for a clerk magistrate hearing, you probably have one big question: Will a clerk magistrate hearing appear on my record?
The short answer is no. A clerk magistrate hearing does not appear on your criminal record in any way.
This might sound too good to be true. But it’s one of the most important protections Massachusetts law offers to people accused of certain crimes.
What Makes Clerk Magistrate Hearings Different
Massachusetts has a unique process that most other states don’t have. A clerk magistrate hearing happens before criminal charges officially exist. Think of it as a screening step where a court official decides whether charges should move forward at all.
This matters because nothing goes on your record until you are “arraigned.” An arraignment is your first formal court appearance where charges are officially filed against you. Until that happens, there is no criminal case. There is no public record. There is nothing for anyone to find.
The Privacy Protections Are Real
Clerk magistrate hearings are completely private. No one else is allowed in the hearing room except you, your attorney, the alleged victim or complaining witness, and the clerk magistrate.
Here’s what that means in practical terms. Let’s say someone knows you had court on a certain day. They go to the clerk’s office and ask for records. Nothing will come up. The hearing itself leaves no trace in public records.
If the charges are dismissed at the hearing, or if they are placed on hold and later dismissed, they remain private forever. You can honestly say you were never charged with a crime. Because technically, you weren’t. Charges never issued.
When Clerk Magistrate Hearing Appear on Your Record
The privacy protection only lasts if charges don’t issue. If the clerk magistrate decides there is enough evidence and issues the charges, you will be scheduled for an arraignment.
The arraignment is the turning point. Once you are arraigned, the charges become public record. They will appear on your criminal record. Anyone running a background check can find them.
This is true even if you are later found not guilty or the case is dismissed. The arrest and charges will still show up. You would need to take separate legal steps to seal that record.
Why Acting Fast Matters
A clerk magistrate hearing is your best opportunity to stop criminal charges before they start. Once charges issue and you are arraigned, you lose the privacy protection entirely.
If you receive a summons for a clerk magistrate hearing, take it seriously. Prepare your defense. Gather evidence that supports your side. Consider hiring a Boston clerk magistrate hearing attorney who knows how these hearings work.
The clerk magistrate has discretion. They can dismiss the complaint outright. They can issue charges. They can also continue the matter and dismiss it later if you stay out of trouble. A strong presentation at this hearing can make all the difference.
Get the Right Help
We represent people across Massachusetts in clerk magistrate hearings. These hearings are a critical chance to protect your record and your future.
If you received a summons, contact the Law Office of Matthew W. Peterson at 617-295-7500 to set up a strategy session today. We represent clients throughout Eastern Massachusetts, and we can help you understand your options and build the strongest possible case for keeping charges off your record entirely.
