Legal Question in Appeals and Writs in Massachusetts

Hello,
I live in Massachusetts. My wife and I had an incident at our home involving the police. She was having an adverse reaction to a drug cocktail that was used to treat a serious illness. I telephoned for help and police treated the situation as a domestic. (Surprise). There were charges of assault and assault with a dangerous weapon. She was found not guilty but was put on preliminary probation with medical monitoring as one of the conditions. I was accused of assaulting her when I attempted to calm her down. My charges received a nol pros.
Because we are trying to start a daily money management business we feel that these charges and especially the police log which is quite visible on the internet could cause us financial harm not to mention the stigma these charges carry. I would like to know if the process of expungement or the sealing of these records is something I should pursue and if I am successful in doing this would the arrest log also be sealed or removed? Thank you
Steven McDonald

Asked on 9/08/09, 10:53 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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The short answer is that her charges should probably have been dismissed rather than be placed on pre-trial probation.

If you wait, when the probation is over, a dismissal with enter.

Given the situation, I would suggest waiting, and when the dismissal enters, petition to seal the record.

If you need help, contact me.

Answered on 9/14/09, 2:15 pm

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