I had a CWOF in 2004 for A&B DW as a juvenile. Is my record visible? If so, can it be sealed? Thank you for your time.

Asked 12 months ago - Marlborough, MA

I was 13 when I was assaulted at a highschool football game by two other juveniles who mistook me for someone else. They admitted to approaching me from behind and grabbing me, and alleged that held up my pocked knife toward them. They were not arrested or charged. I was not arrested either, but I was charged with A&B DW. The case was continued without a finding, and I did six months pre-trial probation by phone ending in 2004. I had no priors, I have never been arrested, nor have I been investigated for or charged with any crime since, and my driving record is perfect with no citations. My lawyer has since become a Judge, so as I understand I cannot consult her for legal advice. Is my record visible to anyone? If so, can it be sealed? What might that cost? Can I contact my old laywer?

Attorney answers (5)

  1. Dominic L. Pang

    Contributor Level 17

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    Answered . Your juvenile delinquency record is visible to law enforcement entities, the courts and the military and the the Department of Children and Families in certain situations, but entities such as employers and landlords will not be able to see your juvenile record. You can seal your juvenile record since more than 3 years has elapsed since the start of the probation. You do this by way of an administrative petition filed pursuant to General Laws chapter 276, 100B. There is no need to go into court to have your juvenile delinquency record sealed. The is a correct way to seal a record and many incorrect ways to seal a record. Sealing a juvenile record involves more than simply mailing in the petition. It takes about 45-90 days to seal the record.

    Good luck,

    Dominic Pang (617-538-1127)

    Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice.... more
  2. Michael P. Gerace

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    Answered . A juvenile record is not visible to anyone--such as an employer--unless you consent to letting someone see your juvenile record. Don't worry about that. I am a little confused by saying you got both a CWOF and were on pre-trial probation. A CWOF is an admission to sufficient facts which, after a probation period, gets dismissed. Pre-trial probation is where there is no admission to any facts and no facts found by the court (which is better) and then, at the end of the probation period, there is a dismissal. In either case, however, the record was a juvenile one.

    That makes me wonder about one possibility for you. Given that you might have been on pre-trial probation, is it also possible that there was a diversion program for you then? If so, then you may have nothing on your juvenile record. You might consider writing to the Office of the Commissioner of Probation in Boston to ask for your juvenile record. Go and look up how to do it. It is easy.

    Good luck.

  3. Robert D Lewin

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    Answered . As usual Attorney Pang's answer is quite corect. I am assuming that your CWOF or your period of "pre-trial probation" (whichever of the two it was) ended more than three years ago. If your record has been clean since then you are entitled as a matter of right to have your record sealed by submitting a petition directly to the Commissioner of Probation. Your old lawyer is now a judge and he cannot help you and you should not contact him. Most lawyers will help you complete the Petition and mail it in for a very small fee (~$100 or $200). It is quick, painless, and easy. Generally speaking, however, your juvenile record is not visible to civiliam employers.

    Robert D. Lewin, Esq.

  4. Jennifer Wang

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    Answered . Unlike adult criminal record, which often requires 10 years wait before you can seal it, juvenile record can be sealed after 3 years. After the offense is sealed, you will have a clean record to ordinary employers. For law enforcement officials, they may see only the word "sealed" on your record, but will not see the actual offense, unless they petition the court to unseal your record.

    Tel. 617.221.3030 (lawyer of Worcester, Quincy, NY) www.severowang.com If you find the attorneys' answers are... more
  5. Keith G Langer

    Contributor Level 19

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    Answered . " The case was continued without a finding, and I did six months pre-trial probation by phone ending in 2004."

    You would not get a CWOF with "pre-trial probation" - by phone or any other way. Please clarify.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.

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