Legal Question in Criminal Law in Massachusetts

Continue without a finding help

O.k. I have a continue without a finding on a charge that I got about 2 years ago, my problem with this is I need to get the charges straight dropped because I am going into the military and they don't accept continue without a finding because they said it's seen as a guilty plea, I did not know that that's what I was actually doing I was just doing what my lawyer said to do because I was innocent of the offense and no witness was there to testify so it was pretty stupid of my lawyer to make that type of agreement with the DA because with no witness they would have dismissed it but I just need to know what I can do to get that off my record in terms of getting the ruling changed to dismissed.

Thank You in advance,--name removed--


Asked on 6/18/07, 4:49 pm

3 Answers from Attorneys

Re: Continue without a finding help

Okay - you need to expunge the CWOF. Dept of Defense recruiting rules view a CWOF the same as a conviction because there is an admission to sufficient facts. Contact our office and we may be able to help you. Both my partner and I are former Army Judge Advocates (JAG) and work with recruiters out of Lowell and Haverill.

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Answered on 6/18/07, 5:43 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Continue without a finding help

I differ.

The odds of expungement are rare. Sealing the record is probably not available given the time of the plea.

You may have,some other remedies. You can contact me.

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Answered on 6/18/07, 6:04 pm
Dmitry Lev The Lev Law Firm

Re: Continue without a finding help

If you successfully completed the terms of your probation, you may move to have the case dismissed and on your criminal record it will show the dismissal after the continuance without a finding. The army will still view this as a conviction, but I think the problem you are facing at this moment is that your case is still "open". Moving for a dismissal after successful completion of probation will officially close the case. Good luck.

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Answered on 6/24/07, 8:29 pm


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