Legal Question in Criminal Law in Massachusetts

Contunuance without a Finding - becoming a police officer

Hello - my boyfriend is looking to pursue a career as a police officer... but he has a continuance without a finding on his record. The charges are for A&B on a police officer & disorderly conduct. The entire report is bogus and not true to what actually occured. It happened 2+ years ago. He has a contuniance without a finding and is wondering if this will affect him in getting a LTC and pursuing his career path. We were seeking expungement and asked a lawyer for his thoughts - he said he thought we'd be ok since it happened a while ago... and suggested we have it sealed. But won't they unseal the record to see the charges? We are just looking for the right thing to do here. Thank you for your help.


Asked on 8/29/07, 1:41 pm

1 Answer from Attorneys
Daniel Maloney Law Offices of Daniel J. Maloney

Re: Contunuance without a Finding - becoming a police officer

Having sealed would probably be the easiest and most effective manner of addressing this issue. Once it is sealed, the police will only see that he had a sealed case, they won't be able to see the charges or the result. However, it would be in the discretion of the judge to allow your motion or not.

In order to "expunge" the case, you would need to file a motion for a new trial. If the allegations were false, your boyfriend still admitted to them in order to obtain a continuance without a finding. Without more, I do not really see a reason why a judge would allow a motion for a new trial at this point. But, there would need to be some investigation in order to see if said motion would be appropriate.

Even if successful in that motion, your boyfriend would then have to defend himself against the charges all over again.

If you have any more questions or concerns please feel free to contact me.

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Answered on 8/30/07, 10:09 am


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