Legal Question in Education Law in Massachusetts

MA DOE licensensure

I was arrested for OUI-liquor in the state of Massachusetts in 1999, and my case was ''continued without a finding,'' I thought meant that my record would be cleared after paying all fines, following the conditions set forth, and not getting in trouble for some period afterwards (I did everything required and haven't been in trouble since). Currently I'm about to submit my application for a teacher's license in the state of Massachusetts. However, the department of education application requires either affirming the following or writing a letter of explanation:

I have not been convicted of any crime or received deferred adjudication (e.g., continued without a finding) or admitted to sufficient facts, nor am I currently charged with any crime (misdemeanor or felony). [Do not include minor traffic violations.]

Can I affirm this since my case was so long ago - or is this ''continued without a finding'' going to follow me, and complicate/interfere with my educator's license and future career? If this is still on my record as ''deferred adjudication'' with no expiration, can I get this expunged? If so, how?


Asked on 1/24/08, 9:19 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: MA DOE licensensure

You need to advise DOE of the admission, and then make full disclosure of the steps you have taken to avoid a recurrence. Even if the record were to be "expunged," it would show up on a CORI, so there is no point in avoiding the issue and not "biting the bullet." The DOE has full discretion in this area of "moral fitness," and will consider any attempt by you to conceal the past as immorality. Courts can only overturn the DOE on a finding that the DOE abused discretion.

You are far better off to make full disclosure, and to have your case "ready" that you are not immoral.

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Answered on 1/27/08, 11:44 am


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