Full question:
Can a person with a 'Continuance Without a Finding' (first offense) for possession on a small amount of a controlled substance B, (whereas the probationary period was successfully terminated, and the case was then dismissed)be considered by the legal system (immediately post dismissal) as a person who has a misdemeanor on their record?
- Category: Criminal
- Date:
- State: Massachusetts
Answer:
If a person successfully completes the probation period after a Continuance Without a Finding (CWOF), the charges are dismissed, and the record is sealed. In this case, the individual can truthfully state that they have no conviction for the offense. A CWOF is not classified as a conviction, so they can answer 'no' if asked whether they have ever been convicted of a crime.
However, it’s important to note that a CWOF indicates that there are sufficient facts to establish guilt. This can be considered a prior offense if the individual is charged with a new crime in the future.
According to Massachusetts law (G.L. c. 94C, § 44), if a person is found not guilty or if a complaint is dismissed, the court will seal all related official records. Once sealed, the individual cannot be held liable for perjury or false statements regarding the arrest or court proceedings. Therefore, after the case is dismissed and sealed, it should not be viewed as a misdemeanor record.
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.