Legal Question in Criminal Law in Massachusetts
continued without a finding
I was charged with DUI 6 years ago.
The case was continued without a
finding and I did probation for a year
and then the charges were dropped. Is
that considered a conviction. I have
applied for work in schools and they
have asked for my convistion record.
3 Answers from Attorneys
Re: continued without a finding
Based on my understanding of your question, I think the correct answer to the question on your job application is that you have not been convicted. And in fact, although you "admitted to sufficient facts" as one of the conditions to obtain the CWOF disposition in court, you were never convicted. Accordingly, it would be accurate to represent on the job application that you were not convicted.
Re: continued without a finding
A continuance without a finding has different meanings depending on the situation.
In the court system, a continuance without a finding may be treated as a conviction. This is what happens in oui cases.
Outside the court system, (except for government jobs and defense industry jobs) a continuance without a finding is not treated as a conviction. If you or the potential employer obtain a CORI report, it should not show this information.
Government employers and defense industry jobs may have access to criminal history that is not contained in the CORI report. As such, they may treat a continuance without a finding as a conviction.
: continued without a finding
I basically agree with Alan.
The charges were not dropped. Your CORI would say CWOF on it.
Schools will often ask for a CORI. What you can however do is think about sealing this.
If you need help, contact me.
Related Questions & Answers
-
3 counts of indescent a&b If someone was sentenced to9 yrs for 3 counts of... Asked 12/19/07, 8:39 pm in United States Massachusetts Criminal Law
-
Drug adict on probation My boyfriend is on probation, he does not give urine tests.... Asked 12/17/07, 10:53 pm in United States Massachusetts Criminal Law
-
Dwi in mass I got charged with my second dwi in massachusetts but I have had 2 dwi... Asked 12/17/07, 12:16 pm in United States Massachusetts Criminal Law
-
Dwi I got a dwi in massachusetts which is my second in that state, however I have... Asked 12/17/07, 11:36 am in United States Massachusetts Criminal Law