Full question:
About 2 years ago, I was arraigned for a drug charge for possession class B. My lawyer was able to get me a Continuance Without a Finding and I was given 1 year probation. I saw the probation officer about every 2 weeks and at the end of the year, my probation was terminated, and my case was Dismissed. I asked the court to seal this record about 6 months later and it was turned down siting G.L. c. 276, 100A . The judge wrote that the general law permits "the sealing of criminal dispositions where probation was ordered before the case was dismissed and cannot be sealed for 10 years after the completion of a sentence". Is my year of probation a sentence? He further stated, "the above offense is a misdemeanor". As far as I know, I never pleaded guilty in this case and I was never convicted. This was quite devastating as I am in the medical profession. I believe that according to M.G. Laws that on job applications it is legal me to answer 'no' when asked if I have ever been convicted of a crime. Is this true?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Massachusetts
Answer:
The answer depends on the specific statutes that apply to your case. Generally, if you received a Continuance Without a Finding and completed your probation successfully, the case is dismissed without a finding of guilt. This means you can typically answer 'no' when asked if you have ever been convicted of a crime. However, some job applications may specifically ask if you have ever received a deferred adjudication, which could complicate your response.
In Massachusetts, under G.L. c. 94C, § 44, if you are found not guilty or if your case is dismissed, the court can order that all records related to the arrest and case be sealed. If your probation was successfully completed and your case was dismissed, you should not be considered guilty of a crime for purposes of perjury or false statements regarding your arrest or case.
However, the judge in your case indicated that your probation is considered part of your sentence, which may affect your ability to seal the record for ten years after the completion of your sentence. Therefore, it is advisable to consult with a local attorney who can review your specific situation and provide guidance based on the details of your case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.