I requested my own CORI and it showed up. Will an employer not be able to see it?
Generally, public and private schools in Massachusetts have what is known as "Required 2" level of access, which means they will have access to any non-convictions on your CORI. Since a CWOF constitutes a non-conviction, the school will be able to see the CWOF on your record.
That said, Required 2 level access does NOT provide access to any SEALED records of non-conviction. Records of non-convictions can be sealed by a judge, however it is discretionary. Your best bet would be to hire an attorney who could file the necessary motions with the court and argue it aggressively on your behalf. Be aware that it can take almost a month for your case to be heard (depending on the court) and it can take a few weeks after that, if the judge agreed to seal your record, for the Commission of Probation's Office to update your CORI. Please act fast!
She got pulled over by local cop who said he had no reason to pull her over. He let her call me and I went and picked her up and drive car home. Should she get a lawyer? Court date is this Friday
I concur with my colleagues - it is in your daughter's best interest to retain an experienced criminal defense attorney who can try to negotiate a resolution of the case prior to arraignment. Even though it may seem like a minor infraction, it is a misdemeanor and if your daughter is arraigned, she will have, at a minimum, a probation central file number assigned to her which will follow her forever regardless of the ultimate outcome of the case. It's worth it to hire a lawyer to advocate on her behalf for a pre-arraignment resolution of the case. Best of luck to you and your daughter.See question
The cwof is from 3 years ago. It was larceny over 250. I have one year probation and paid 900 dollars. This group home offered me a job. Will i not be able to get the job due to my cwof? How do i go about getting this sealed?
CWOFs are not considered convictions. Generally, if you receive a CWOF and successfully complete the requisite probationary period, your case is dismissed and the CWOF will not show up on your CORI for most employers, who typically have Standard Access to CORI. However, certain employers have what is called Required 1 Access to CORI or Required 2 Access to CORI. Required 1 Access employers, such as hospitals, banks, security system installers, etc., would not see a dismissed CWOF on your CORI. On the other hand, Required 2 Access employers, such as assisted living facilities, nursing homes, programs for children, etc. will see non-conviction information, including your CWOF. (There are also Required 3 & 4 Access to CORI employers, who also have access to CWOF information on a CORI.) It seems likely that your prospective employer may be a Required 2 Access employer. If that's the case, they will have access to your CWOF.
This doesn't necessarily mean they will rescind your job offer. However, if you are interested in having your record sealed, you are eligible to petition the court to do so. Please note that even if your record is successfully sealed, certain parties, such as law enforcement, will still have access to the sealed information. However, for most inquiring parties, your sealed record will be unavailable and kept confidential.
You should strongly consider contacting an experienced criminal defense lawyer for a consultation to discuss the specific facts of your matter, and the possibility of sealing your record.
The father of my child who i love very much went through some difficult times with me. I was abusing drugs and physically abusive to him but sadly i told a story that got him arrested instead of me because i was scared of going to jail/Losing my c...
His best bet is to contact an experienced criminal defense attorney to review the conditions of his probation, and if appropriate, file a motion with the Court to have that condition modified, or possibly vacated. In the meantime, he should speak to his assigned probation officer and try to clear up any confusion, and make sure he complies with his probation officer's directions unless and until the Court says otherwise. There are numerous attorneys here on Avvo that can help him with this.See question
I have an appeal before the Appellate Board to get a hardship license in a couple of weeks… I have a breathalyzer refusal and a DUI that I CWOFed. I am a full-time nanny and at the orIginal RMV hearing they were "unable to verify my employment". ...
That is a typical price quote for this type of matter. You will undoubtedly find attorneys that charge more and attorneys who will quote you a lower price to get your business. The important thing is to find an attorney with experience handling these matters before the Board, and one that you are comfortable with. I encourage you to shop around until you find an attorney that meets both these criteria. However, don't wait until the last minute to retain your attorney; your attorney will need time to put together a memorandum to submit to the Board and prepare to argue it, neither of which should be rushed if you want your best chance at success.See question
I have been a law abiding citizen ever since, and have also served in the Military with an honorable discharge. I am now 28 years old, work full time, and am enrolled in a online college attempting to obtain my degree. Is there anyway I can get th...
Your best bet would be to have your record sealed. In Massachusetts, your criminal record part of your "CORI" which stands for the Criminal Offender Record Information. Assuming you have had no subsequent misdemeanor or felony convictions, and assuming that you were neither detained nor incarcerated as a result of your guilty plea, Massachusetts law (G.L. c. 276 s. 100A) allows for non-discretionary sealing of your CORI for the charge you described, starting on October 13, 2015. If, however, you were incarcerated after your conviction, your record would not be subject to sealing until 10 years from the date of your release. If you have any questions about whether you are eligible for sealing, or if you need assistance filing the paperwork with the appropriate state agencies, you should contact an attorney.See question
Are they usually better at bargaining with the procicutor? How do they get plea deals uf the evidence is overwhelming?
The answer is a resounding yes... if that reputation is the product of particularized knowledge and skill honed by experience, and not just a matter of good marketing. No one can guarantee a result in a criminal defense case, but an attorney with extensive experience in the criminal defense field will undoubtedly be in a better position to negotiate with prosecutors than an attorney who is inexperienced or doesn't focus exclusively on criminal defense practice. This is because an experienced criminal defense attorney should know the law, know procedure, know the Court and ultimately know when to bargain and when to press forward for trial. If that's true of the attorney you hired or are considering hiring, then the prosecutor is likely to recognize his or her credibility, and to give due weight to his or her negotiations/arguments, as will the judge. Also, the reality is the better known your lawyer is, the possibility of him or her negotiating a more favorable disposition for you increases. This is because an intimidating ( i.e., accomplished/successful ) reputation can be worked to your advantage, especially with younger prosecutors who may not yet have confidence to “take on” your lawyer in earnest. It is also because there can be an instant credibility that comes with reputation and renown that judges do recognize and, in certain instances, will give deference to.
Don't be afraid to ask your prospective attorney about his or her experience, and whether they've dealt with the particular prosecutor or judge before; they should have no problem discussing it with you if their reputation has been earned, and has not been bought with marketing dollars. Moreover, former state and federal prosecutors often receive accommodations and considerations, especially if dealing with their former Office, that can wind up being quite helpful to your case and cause.
I was charged with larceny over 250 by a single scheme what is that and is it a felony
Yes, you should consult with an experienced criminal defense lawyer as soon as possible.
Larceny over 250 by a single scheme means that you are being charged with a crime that was supposedly committed over a period of time (between 2 dates), and the DA will be trying to prove that you took property that belonged to someone else, with the intent of permanently depriving the owner of the property. Under these charges, the DA will also be trying to prove the value of the property exceeded $250. By a single scheme means that the DA will try to prove that during that period of time when the theft(s) supposedly occurred, you had a single, ongoing intent to steal, and even though time may have elapsed between the acts of theft, they were not separately motivated but were part of one general scheme or plan to steal.
The penalties are generally imprisonment in state prison for up to 5 years, or a fine of up to $25,000 and imprisonment in jail for up to 2 years. However, there are numerous fact-based factors in the statute that can result in far longer sentences, depending on the circumstances.
It's important to discuss all the facts and circumstances of your case with an experienced criminal defense attorney so you know what you are facing and can develop a good strategy to defend your case.
You should easily be able to find an attorney here on Avvo that will offer you a consultation. Best of luck.
I just got a hardship license in Mass after getting a CWOF for my first DUI. Am I allowed to leave the state to drive to GA as long I adhere to the time restrictions?
Hardship licenses are granted for purposes of allowing a person to get to work, school, medical appointments or other necessary destinations where public transportation is otherwise unavailable and the denial of a limited license would constitute an actual hardship. The law states that, "The registrar, at his discretion, may issue such license under such terms and conditions as he may prescribe..." Without knowing the specific terms and conditions of your hardship license and your purpose for going to GA I can't say for certain that it would violate the terms of your hardship license, but it seems likely. Your best bet is to contact your assigned probation officer and discuss the matter with him or her.
If your PO says you can't drive, and a plane, train or bus won't get you where you NEED to go, you can always consult with a lawyer to explore having the terms and conditions of your hardship license modified.
I failed to renew my registration and was ticketed by a state trooper. I have to clear some excise tax payments before I can renew, which I was informed can take up the 48 hours to clear. Unfortunately, I need to drive short distances to get to ...
Yes, you can be ticketed multiple times, and the fine for each subsequent offense can be up to $1,000. You are right to be hesitant to drive again before your car is properly registered; it's against the law, and could end up being very costly for you. Get the excise tax issues resolved and your car registered; in the meantime, find yourself a ride to work.See question