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  1. #1
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    Jul 2016
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    Default What is the Statute of Limitations on Receiving a Stolen Motor Vehicle

    My question involves criminal law for the state of: Massachusetts
    I was told that a charge of receiving stolen motor vehicle on May 19, 1997 was on my background check which was 19 yrs ago. Is there a statue of limitations on this and if so how do I clear it from my record?

  2. #2
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    Mar 2013
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    Default Re: What is the Statute of Limitations on Reeving a Stolen Motor Vehicle

    Were you convicted? If you were convicted the conviction stays on your background and credit report forever.

    Massachusetts has no provision for expungement so even if you are successful in getting the records sealed, the information is still out there on the internet and is likely to show up somewhere no matter what you do.

  3. #3
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    Default Re: What is the Statute of Limitations on Reeving a Stolen Motor Vehicle

    Quote Quoting Illymay
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    My question involves criminal law for the state of: Massachusetts
    I was told that a charge of receiving stolen motor vehicle on May 19, 1997 was on my background check which was 19 yrs ago. Is there a statue of limitations on this and if so how do I clear it from my record?
    Statute of limitations (in a criminal law situation) refers to the time period that the government has to initiate prosecution for an offense. It's not the same thing as the time since you were arrested, charged, convicted acquitted, etc, of a criminal charge. Refer to adjustjack's comment about expungements according to MA law.

  4. #4
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    Default Re: What is the Statute of Limitations on Reeving a Stolen Motor Vehicle

    No I was not convicted they recalled the warrant because I moved and did not get the court notice. The warrant was recalled and I was told a new court date would be set but they never did send a new court date so I assumed the case was dropped or dismissed and now after 19 yrs I would like to think the statue of limitation would have run its course. I dont need it removed from my report I need documents from the court with the disposition saying its dismissed or no longer able to be prosecuted so that I can be cleared to work.

  5. #5
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    Sep 2005
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    Default Re: What is the Statute of Limitations on Reeving a Stolen Motor Vehicle

    The statute of limitations stops running when you are charged with a crime, not when you stop avoiding being prosecuted for a criminal charge.

    If the charge has not been dismissed, then the question is not one of the statute of limitations but instead turns on Due Process, which would involve such factors as whether the prosecutor knew where you were and, if so, made a reasonably diligent effort to bring to you justice, and what has happened with witnesses and evidence in the ensuing 19 years. If you've lived at the same address for the past two decades, but have never been informed of a charge or summoned to appear in court, then you would seem to have a pretty good Due Process argument. If you knew you were about to be arrested, fled the state to avoid being prosecuted and did not return, it would be much weaker.

    If the case has been dismissed, there will be an order of dismissal in the court file. If not, then you will have to take action to get an order, which of course could inspire the prosecutor to see if the case is still viable.

    If the case is open and you don't have a strong defense to the charge, consider speaking with criminal defense lawyer in the jurisdiction where the charge was filed. Your lawyer can verify whether the charge remains pending, whether the warrant is active, and what sort of deal a prosecutor's office might offer to get an old, stale case, one that at this point in time may actually be impossible to successfully prosecute, off of its books.

  6. #6
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    Jul 2016
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    Default Re: What is the Statute of Limitations on Reeving a Stolen Motor Vehicle

    Well I did not flee to avoid criminal charges as previously stated the courts recalled the warrant because I relocated meaning address change and did not get the court dates they sent in the mail. Because I moved and was not aware of the original court dates the warrant for failure to appear was recalled and I was told a new court date would be sent to me to appear in court and that never happend. Anytime I have had a change of address I have always done so through the post office and I provided my out of state address to the court when the warrant was recalled so someone did not do their job. I have spoken to someone in the courthouse and they confirmed that they see where the warrant was recalled in 2001 so someone in the courthouse dropped the ball. I was waiting on them to send the new court date and that never happend. I can only go by what I was told. It is still showing as an unresolved charge but there is no active warrant because it was recalled and no new court date was scheduled.

  7. #7
    Join Date
    Oct 2006
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    16,264

    Default Re: What is the Statute of Limitations on Reeving a Stolen Motor Vehicle

    Quote Quoting Illymay
    View Post
    Well I did not flee to avoid criminal charges as previously stated the courts recalled the warrant because I relocated meaning address change and did not get the court dates they sent in the mail. Because I moved and was not aware of the original court dates the warrant for failure to appear was recalled and I was told a new court date would be sent to me to appear in court and that never happend. Anytime I have had a change of address I have always done so through the post office and I provided my out of state address to the court when the warrant was recalled so someone did not do their job. I have spoken to someone in the courthouse and they confirmed that they see where the warrant was recalled in 2001 so someone in the courthouse dropped the ball. I was waiting on them to send the new court date and that never happend. I can only go by what I was told. It is still showing as an unresolved charge but there is no active warrant because it was recalled and no new court date was scheduled.
    Then I suggest that you get an attorney in that state to file a motion to dismiss the charges.

  8. #8
    Join Date
    Jul 2016
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    4

    Default Re: What is the Statute of Limitations on Reeving a Stolen Motor Vehicle

    Got it resolved didnt need an attorney, money nor did I need to get it expunged. Waiting on my letter from the court now with confirmation that the situation is now resolved and that the court is not moving forward with any of the charges but thanks for the information you provided anyways. Sometimes it pays to do your own research and explore all possible options to find solutions. Again thanks for all the advise and suggestions on this matter.

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