Legal Question in Criminal Law in Massachusetts
Expungment - Rape downgraded to Indecent A&B over 14
Back in 2004. My girlfriend of over a year, that lived with me, and was 21 for the record. Got mad one day for kicking her out of my house. She then decided to have me arrested for RAPE and A&B, 2 days after the fact. The cops showed up and arrested me. I did the whole court thing. She ended having to come to court to say under oath that she lied about the whole thing, because the state kept pressing it. After like 6 sittings they downgraded the charge to Indecent A&B on a person over 14 because they didn't have a case. That day I was found Not Guilty by a Judge on all counts. My question is this.. Is it possible to have this explunged sense the court records show that she lied about it!!! she stated this under oath??? My life is in shambles now because of this Cori Checks. First I have the Rape arrest, then to top it off indecent A&B on a person over 14??? so not only am I a rapist in an employers eyes. I'm also a diddler??? now with the 14 and over thing??? I can't even live a normal life. Because your proven guilty till innocent and then that doesn't mean much with charges like this, any help or advice would be greatly appreciated. I was told I can seal the record. But, to be honest i deserve more than that. I didn't do it!!!!
1 Answer from Attorneys
Re: Expungment - Rape downgraded to Indecent A&B over 14
Sounds like you have a malicious prosecution case.
Certain facts have to be checked before that can be determined for sure.
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