Legal Question in Criminal Law in Massachusetts

Is this unusual?

About 2 years ago arrested for domestic assault and battery. I filed counter-charges against my accuser, found in my favor, she faced the same charges I did. She was fuming that I had the nerve to file charges against her, 1 hour after court she called police claiming I violated a restraining order. I had PROOF that both accusations were lies, pretty much made a liar out of her in court. Charges completely dropped.

Present day: I am military, will be going on orders, they updated my records, and were well aware of what had happened (stood by me too). They asked for court record pertaining to the incident. Nothing exists. When charges are dropped, do they just destroy all the records? There was an inquiry at the court, and a criminal background check, there's no record of anything at either place. Is this usual?


Asked on 10/11/06, 3:05 pm

2 Answers from Attorneys

Re: Is this unusual?

If the charges were dropped, your CORI will reflect this; if you were never arraigned, then you are all set. Becasue this involves allegations of domestic violence, your unit will have to comply with 18 USC section 922(g) which prohibits the issuing of a firearm to anyone with a CONVICTION for a domestic violence act... hence the request for paperwork. Check with your local recruiting station; they can get a copy of a CORI for these purposes. Alternatively (and probably faster), go to the courthouse and get a copy of the dismissals... any actioon heard in court has a docket number and a record.

Best of luck on your active duty tour.

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Answered on 10/11/06, 6:03 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Is this unusual?

When charges are instituted and a person is arraigned, this entry and subsequent entries are made part of your records. When the charges are dropped, an entry of dismissal appears next to the charge.

You can under some circumstances seal or expunge your criminal record. If you would like more information about this, you can contact me.

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Answered on 10/11/06, 3:55 pm


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