Legal Question in Criminal Law in Massachusetts
Computer error
When renewing my License to carry a firearm, my application was rejected because of an erroneous computer entry. The entry states that my probation record shows that on March 25, 1975 I was convicted in the Greenfield District Court of "Accessory Before the Fact". According to Massachusetts Law, Chapter 274, Section 3, this is a felony. The only problem is that this never happened. I checked with Greenfield District Court and they can not find any entry with my name on it for that date. How would one go about to have this deleated of his record. Thank you
2 Answers from Attorneys
Re: Computer error
Go to the clerk at the
Greenfield DistCt and very pleasantly
(this is a must for a zillion reasons)
ask if he/she can tell you how to correct the
record. He or she will inevitably tell you you have to write "somewhere."
Then, again very pleasantly and with deference, as if you
were bowing down to Buddha, ask if he/she can provide you
with a certified letter stating that no such record exists.
Next, follow the advice the clerk gives. Don't
worry about whether the info is right or wrong.
It will at least give you a
starting point. If the info is wrong, the next
clerk will be pleased to point out that the
other clerk was wrong and lead you in another direction.
And you may then be steered in different directions, like a ball on a pool table.
Do not despair. Do not get angry. At all
times, keep your cool: You are dealing with
bureaucrats. They are not necessarily malicious.
They're just humans and as such, they, too, make human errors.
The last step would be to notify the entity that rejected your application. There's where the fight will be. It will simply be less of one if you have your ducks already all in a row.
Good luck.
Re: Computer error
First, get a copy of your own criminal record. To do this, most police departments have a form they will give you, which you must complete, and sign in the presence of a notary. Send the completed form to the indicated address, and the Commonwealth will send you a copy of your CORI record (your criminal record).
If the erroneous entry is on your record, take the copy of your own record to the court that has indicated the offense, and go tot he probation department. The CORI record will have a docket number on it, and Probation can pull that file and look at it. If the complaint is not against you, ask them to fix it, and ask them to send you a printed copy of your record with the error corrected. If you are want to be really sure, wait a week, and then repeat the first procedure, to get another copy of your corrected record.
If you cannot get results, contact an attorney who practices criminal law. They will have to charge you for their time, but they will be able to get this cleared up, if it was not you, or will be able to explain why you were charged with the crime. You may need to go back and undo some things, if you were charged and never notified of the charges.
If you are uncomfortable, get an attorney. Your peace of mind will be worth the money you pay the attorney.
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