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Dominic L. Pang

Dominic Pang’s Answers

2,117 total


  • I am starting a new job and my Cori is sealed. It I have to get fingerprinted will anything show up since my cori has been seal?

    Dominic’s Answer

    General Laws ch. 22C, s. 36, states in relevant part:
    "In any juvenile or adult criminal case in which a fingerprint identification has been transmitted to the Federal Bureau of Investigation to provide criminal history record information through the bureau's Interstate Identification Index, the department shall also transmit the case disposition information, including any order of dismissal AND ANY ORDER TO SEAL AND EXPUNGE A RECORD. The transmission of any sealing order to the Federal Bureau of Investigation shall be accompanied by an order to seal such information within the bureau's Interstate Identification Index. The transmission of any expungement order to the Federal Bureau of Investigation shall be accompanied by an order to expunge such information within the bureau's Interstate Identification Index." (Emphasis added)

    The Interstate Identification Index (aka "Triple I") is a fingerprint based index. The way it works is that the employer send you to a place to give your fingerprints; the place sends your fingerprints out to the FBI to run the prints against the Triple I. The law states that the FBI shall seal or expunge their records in the Triple I, if a person has gotten their record sealed or expunged. Accordingly, the sealed or expunged record should not appear when they run a fingerprint check.

    Best of luck,
    Dominic Pang

  • I’m starting a new job and my cori sealed I have to get fingerprinted will it show any offenses?

    Dominic’s Answer

    General Laws ch. 22C, s. 36, states in relevant part:
    "In any juvenile or adult criminal case in which a fingerprint identification has been transmitted to the Federal Bureau of Investigation to provide criminal history record information through the bureau's Interstate Identification Index, the department shall also transmit the case disposition information, including any order of dismissal AND ANY ORDER TO SEAL AND EXPUNGE A RECORD. The transmission of any sealing order to the Federal Bureau of Investigation shall be accompanied by an order to seal such information within the bureau's Interstate Identification Index. The transmission of any expungement order to the Federal Bureau of Investigation shall be accompanied by an order to expunge such information within the bureau's Interstate Identification Index." (Emphasis added)

    The Interstate Identification Index (aka "Triple I") is a fingerprint based index. The way it works is that the employer send you to a place to give your fingerprints; the place sends your fingerprints out to the FBI to run the prints against the Triple I. The law states that the FBI shall seal or expunge their records in the Triple I, if a person has gotten their record sealed or expunged. Accordingly, the sealed or expunged record should not appear when they run a fingerprint check.

    Best of luck,
    Dominic Pang

  • If my Cori is sealed will any offense show up when I get fingerprinting ?

    Dominic’s Answer

    General Laws ch. 22C, s. 36, states in relevant part:
    "In any juvenile or adult criminal case in which a fingerprint identification has been transmitted to the Federal Bureau of Investigation to provide criminal history record information through the bureau's Interstate Identification Index, the department shall also transmit the case disposition information, including any order of dismissal AND ANY ORDER TO SEAL AND EXPUNGE A RECORD. The transmission of any sealing order to the Federal Bureau of Investigation shall be accompanied by an order to seal such information within the bureau's Interstate Identification Index. The transmission of any expungement order to the Federal Bureau of Investigation shall be accompanied by an order to expunge such information within the bureau's Interstate Identification Index." (Emphasis added)

    The Interstate Identification Index (aka "Triple I") is a fingerprint based index. The way it works is that the employer send you to a place to give your fingerprints; the place sends your fingerprints out to the FBI to run the prints against the Triple I. The law states that the FBI shall seal or expunge their records in the Triple I, if a person has gotten their record sealed or expunged. Accordingly, the sealed or expunged record should not appear when they run a fingerprint check.

    Best of luck,
    Dominic Pang

  • Hello, how can I get my background record expunged of charges I did not commit.? I found out last July this was on my record.

    Dominic’s Answer

    The facts stated in your question really implicate two broad sets of possible crimes that could be on your record. The first set of possible crimes are crimes pertaining to the spurned suitor: he accused you of pulling a gun on him two times, violating a restraining order and "there is more" as you state. The second set of crimes pertain to your handling of your grandmother's social security and pension money, where you went to court, got probation and paid the money back.

    The first thing I can tell you is that you will probably not be able get these charges expunged on a time-based expungement ("TBE") petition filed pursuant to ch. 276, s.276 F/G/H. That is because you appear to have more than 2 records on your criminal record, and perhaps you are over 21 when you were charged with any of these crimes. Failing to meet those two criteria in themselves renders you unable to get a TBE. As you had mentioned that you had grandsons, I am assuming that you are well over 21 years old when you were charged.

    You may not be able to get a reason-based expungement ("RBE") on the crimes involving your grandmother's social security and pension money either, because an RBE requires you to prove by a clear and convincing evidence that the criminal record was created by 1) demonstrable errors by certain people listed in the RBE statute ch., 276, s. 100K, or 2) demonstrable fraud upon the court, or 3) false identification of the petitioner or the unauthorized use or theft of the petitioner's identity, or 4) that the offense at the time of the creation of the record is no longer a crime. If you took probation on the crimes relating to your grandmothers social security and pension money, you won't be able to show that the criminal record was created by any of the 4 means listed, above, and hence will not get an RBE.

    You may be able to get an RBE for the charges stemming from the spurned suitor, but that is dependent on the facts and outcomes of those charges and there is not enough information in your post to determine if you can or cannot get an RBE on the charges stemming from the spurned suitor.
    s
    Another remedy that you may want to explore is sealing. Sealings under ch. 276, s. 100A can be done if enough time has passed (3 years for misdemeanors, 7 years for felonies) and sealings under ch. 276, s. 100C can be done if there was a "non-conviction" and where "good cause" exists to seal, regardless of how much or how little time has elapsed.

    Contact an attorney with experience in both sealing and expungement to analyze your record and determine the best course or courses of action for your situation.

    Best of luck,
    Dominic Pang

  • Can i have a 39 year old felony conviction seal?

    Dominic’s Answer

    Most charges that are that old are sealable by way of a 100A petition, a type of sealing petition that does not require a court appearance. Certain charges can never be sealed regardless of their age, and a subsequent criminal conviction can “reset the clock” for sealing purposes. Contact an attorney to assess the charge or charges on your record, and to explore the viability of another type of remedy called expungement. Expungement erases your criminal record to a larger degree than sealing and perhaps it’s available for your case.

    Here is a link to an article I wrote about time based expungement.

    https://www.avvo.com/legal-guides/ugc/time-based-expungement-of-criminal-records-correcting-youthful-indiscretions

    Best of luck,
    Dominic Pang

  • Hi can I travel to another state for vacation by plane with an open court case?

    Dominic’s Answer

    It sounds as though your case is still in the pretrial stages and you have not been placed on "real" probation yet. If it is still in the pretrial stages, and you are on so-called "pretrial conditions of release", there is usually no restriction on your ability to leave the state. Call the clerk's office and ask them for a copy of your pretrial conditions of release to verify that you are not prohibited from leaving the state. The likely conditions of your release are stay away/no contact with the victim only; it is rare that a defendant in a case like yours is prohibited from leaving the state. You did not mention if the court put a GPS ankle bracelet on you as part of your pretrial release conditions - if you are wearing an ankle monitor, you would likely need to have it removed to be able to get on an airplane, which would require that the court order that the GPS bracelet is removed prior to your departure date.

  • 258e petitioner no show at 10-day hearing

    Dominic’s Answer

    If the petitioner does not appear at the 10 day hearing to extend the 258E, the order will expire on its own at 4pm that same day. The fact in and of itself that the petitioner did not appear at the 10 day extension hearing would not likely be sufficient grounds for expungement of the 258E order from the records database. Such an expungement would require the party seeking expungement to convince a judge by a clear and convincing standard of proof that the 258E order was obtained through a fraud on the court. Merely not appearing to extend the 258E order is not likely to be sufficient evidence by itself to prove fraud on the court, but it would be relevant to the bigger picture if the person seeking expungement can provide other evidence of fraud upon the court by the petitioner in obtaining the 258E order.

    Good luck,
    Dominic Pang

  • Gag order?

    Dominic’s Answer

    Please include some facts of the case and ask specific questions so that someone can provide you with an answer.

  • If you are on probation does the charge on your CORI check show up as open, & when you complete probation it shows as closed?

    Dominic’s Answer

    You won't get a letter saying your probation is over. You can go to the courthouse and get a copy of the DOcket Sheet. The docket sheet should show that the probation was terminated. As to how long you have to wait until you can seal your CORI, the waiting period and procedure employed depends on whether or not your were convicted and whether the charge was a misdemeanor or a felony.

    If you were convicted, you'll need to wait 3 years from the conviction date for a misdemeanor, and 7 years from the conviction date for a felony. The sealing method in this scenarios is a 100A petition filed directly to the Office of the Commissioner of Probation.

    If you were NOT convicted, for example if the charge (felony or misdemeanor) was Continued Without a Finding (CWOF), you don't have to wait to seal it, but the sealing petition is made to a judge via a 100C petition filed with the court that the charges came out of. 100C's require you to convince a judge that "good cause" exists to seal the record. I would recommend that you speak with an attorney who does sealing work to maximize your chances of a sealing petition being allowed.

    Best of luck,
    Dominic Pang

  • Can I get my teenage record expunged?

    Dominic’s Answer

    This would be an adult charge in the District Court, appearing on your adult criminal record, as you were over age 18 at the time of the incident.

    Your options going forward include the following: 1) sealing of your criminal record pursuant to a 100A petition, 2) sealing of your criminal record pursuant to a 100C petition, 3) possibly expunging your criminal record under a 100H petition (so called "time based" expungement, for charges where you were not convicted - a continuation without a finding (CWOF) is not a conviction) if certain criteria are met, and 4) possibly expunging your record under a 100K petition if other criteria are met. Note that sealing and expungement are two different legal remedies.

    I have included a link to a Legal Guide I wrote on expungement:

    https://www.avvo.com/legal-guides/ugc/expungement-of-criminal-records-in-massachusetts

    I recommend that you read the Legal Guide and contact an attorney to discuss the specific circumstances of your case and the best course of action for your particular situation.

    Best regards,
    Dominic Pang