Legal Question in Criminal Law in Massachusetts

Continuation without a finding

I got jumped by four girls at school and was the one that had charges pressed on. I fought to get my charges dropped but the court said because of the four girl's testimony that there is sufficient evidence saying I was guilty of the assault charges. I tried to counter-charge the girls but the court favored them. In the end I chose to have a continuation without a finding with a year of probation. I also had to take anger managment classes and pay restitution to the victims. I have had no contact whatsoever with the girls and my year up with probation comes in August. Now my question is that when I do go back to court for this case will the court dismiss my charges and if so will they stay on my record or is there a way that I can have them stripped off my record completely. I ask this because I plan to have a future in being a school teacher or in another type of human service career and I know that having this on my record could jeapordize my chances. Please help!!


Asked on 3/21/07, 3:57 pm

2 Answers from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Continuation without a finding

If you stay out of all trouble until you go back in August, yes the case is dismissed "without a finding," as you say. In other words, the case was brought, but never resulted in a guilty finding or any sentence (except the conditions imposed on you to obtain the CWOF after one year of good behavior). Unfortunately, your "record" will show the charges and the CWOF, but it does not count as any "prior offense," and cannot be considered to increase sentencing on other crimes.

Future employers should not hold a CWOF against you either. Especially if several years go by without additional criminal charges or convictions.

There is a way to totally wipe away crimes from your record, called "expungment", but the procedure is notoriously difficult and involves several stages and steps. I say that, however, without having looked at the statute. If you're serious about expunging your record I'll look at the statute and quote you a price for doing it.

*First priority is stay out of trouble at least until the CWOF timeframe is up!

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Answered on 3/21/07, 4:51 pm
Dmitry Lev The Lev Law Firm

Re: Continuation without a finding

There is no way to expunge a record in Massachusetts. There is, however, a procedure to SEAL a record if you have no other encounters with the law for 10 years. While that is a long time away, keep in mind that a CWOF is not a conviction and does not create a "criminal record". It creates a record of a court appearance; that is a very different story. Also, keep in mind that if you are a juvenile, a different set of rules applies.

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Answered on 3/24/07, 1:09 am


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