Legal Question in Criminal Law in Massachusetts

guilty plea

If you plead not guilty, go before Judge, plaintiff not there, and then they tell you admit sufficient facts, dismissed in 6 months with no record, can that be considered a guilty plea by prospective employer or present employer (municipal PO). Thank you.


Asked on 1/05/00, 5:17 pm

2 Answers from Attorneys

Russell Matson Russell J Matson Attorney at Law

Re: guilty plea

What happened in your case was that you admitted sufficient facts, also know as a continuation without a finding or a CWOF. That disposition is technically not a conviction and not a guilty finding, but some employers have been known to hold them against people anyway.

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Answered on 1/05/00, 10:26 pm
Thomas Workman Law Offices of Thomas Workman

Re: guilty plea

Answer is that it depends. An admission of sufficient facts can be used to convert a CWOF into a Guilty finding if you get into other trouble during the time that the disposition was continued. For example, if you have another charge brought against you during the six months following the disposition, the Court can call you back for a sentencing hearing, convert the CWOF to a Guilty, and sentence you. If this has happened, then your CWOF will not result in a dismissal, and it has been converted to a guilty, which must be reported if you are asked if you have been "convicted" of a crime. If you are being asked if you have ever been arrested, then that is another issue -- and you would have to say yes, if you were arrested. Look carefully at the question you are answering, and then think carefully about what happened with the CWOF disposition you received (has the six months expired, for example). If you are unsure how to answer the application, hire a lawyer to help you answer honestly and legally accurately. If you are untruthful on the job application, you could lose your job later on... such a prospect is not worth trying to save the fee to talk to an attorney and have the peace of mind that you will get the job...

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Answered on 1/06/00, 1:04 pm


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