Legal Question in Criminal Law in Massachusetts
I lived in Massachusetts and attend Norwich University in Vermont as a cadet. I wanted to join the National Guard but was told I cannot because my CORI show an incident that I had in high school that was settled as a continuation without a finding. I thought that this was not part of your criminal record. Can the National Guard not accept me because of these charges? Also I want to be a school teacher will they also show up
1 Answer from Attorneys
Your belief about your CORI is incorrect -- your disposition of "continued without a finding" (CWOF) is absolutely part of your CORI. What the CWOF disposition essentially tells the reader is that the case was ultimately dismissed (if no further criminal issues arose during the probation period, that is), but also that you admitted in open court, under oath, to sufficient facts to establish the validity of the underlying charge. Hence, even though you were not convicted or found guilty, and even though the charge was eventually dismissed, you have essentially admitted to certain questionable actions that supported the charge against you. Whether the National Guard chooses to hold that against you is up to them. Depending on the nature of the charge, some potential employers will hold it against you, and some will not. One option that may be available to you, depending on the circumstances, is to have your record sealed. This will not erase everything completely, however, but will hide the specifics of the charge against you and the ultimate disposition. Unfortunately, depending on the nature and the severity of the underlying charge, it is sometimes worse to seal your record than to leave it open and then try to explain it away, because sealing the record raises other kinds of questions in the readers mind that cannot be answered simply by looking at the CORI. In any event, good luck.
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