Legal Question in Criminal Law in Massachusetts

continued without a finding

I was charged with DUI 6 years ago.

The case was continued without a

finding and I did probation for a year

and then the charges were dropped. Is

that considered a conviction. I have

applied for work in schools and they

have asked for my convistion record.

Asked on 12/20/07, 10:48 am

3 Answers from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: continued without a finding

Based on my understanding of your question, I think the correct answer to the question on your job application is that you have not been convicted. And in fact, although you "admitted to sufficient facts" as one of the conditions to obtain the CWOF disposition in court, you were never convicted. Accordingly, it would be accurate to represent on the job application that you were not convicted.

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Answered on 12/21/07, 12:55 pm

Alan Pransky Law Office of Alan J. Pransky

Re: continued without a finding

A continuance without a finding has different meanings depending on the situation.

In the court system, a continuance without a finding may be treated as a conviction. This is what happens in oui cases.

Outside the court system, (except for government jobs and defense industry jobs) a continuance without a finding is not treated as a conviction. If you or the potential employer obtain a CORI report, it should not show this information.

Government employers and defense industry jobs may have access to criminal history that is not contained in the CORI report. As such, they may treat a continuance without a finding as a conviction.

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Answered on 12/20/07, 11:15 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: continued without a finding

I basically agree with Alan.

The charges were not dropped. Your CORI would say CWOF on it.

Schools will often ask for a CORI. What you can however do is think about sealing this.

If you need help, contact me.

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Answered on 12/20/07, 11:18 am

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