Legal Question in Criminal Law in Massachusetts

continued without a finding

I was charged with possession of fire arm 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 look to apply for the marines


Asked on 2/13/10, 6:32 am

1 Answer from Attorneys

William Harrington Law Office of William T. Harrington

Technically, you do not have a conviction on your record. However, if you have a CWOF, you stood up in court and admitted to the crime. Becasue of this, there are various regulations and laws that regard a CWOF as a conviction. My memory is that the regs pertaining to eligibility to go into the marines will regard the CWOF as a conviction. However, do not give up. First of all, I beleive that the regs allow for some history of criminal conduct. Secondly, a few years ago, I convinced a prosectuor to reopen and dismiss three cases in order to permit someone to join the military. My advice, if you are serious about joining the Marines, is to contact a recruiter and disclose the CWOF. Ask him if this makes you ineligble. If you are ineligible, then you should hire an attorney to try to reopen the case. Good luck.

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Answered on 2/18/10, 7:10 am


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