Tag: dismissal

What is a CWOF and should you take it?

If you have or have spent time in a courtroom in Massachusetts you have probably heard attorneys, judges, or probation officers talking about a “CWOF.” “CWOF” is a commonly used acronym for a Continuation without a Finding. It is a way of resolving a case short of a guilty plea.

If you accept a CWOF disposition there are a few things to know and understand. First, a CWOF requires that you admit to the facts underlying the criminal charge. Second, it requires that you are placed on some period of probation. Third, that if you complete probation without any violations, then the case will be dismissed.

There are pitfalls and risks when you take a CWOF though. Because you admit to the facts, you must also waive your constitutional right to a trial, or to otherwise challenge the facts. This is important because if you were to be found to have violated your probation while on a CWOF, then you could be found guilty and sentenced up to the maximum possible penalty for the charge, without a trial. Additionally, for some charges, such as for an OUI, having received a CWOF in the past is sufficient for another OUI in the future to be charged as a subsequent offense.

A criminal defendant is not entitled to a CWOF, and the Court can decide whether or not to resolve a case in this way. Because of the benefits and risks associated with a CWOF, whether you should accept this disposition or not is highly case specific, and you should make sure you have an attorney you trust to help you make this decision.

Is a criminal case sealed automatically if it is dismissed?

The answer to this question is more complicated than it may appear. Prior to 2023, there was no such thing as automatic sealing of a criminal charge in Massachusetts. If a person wanted to have their criminal record sealed, and thus not readily available on most background checks, they would need to either file a petition with the Court where the charges were issued, or with the Office of Commissioner of Probation.


Last year, the Supreme Judicial Court decided, in Commonwealth v. J.F., that public interests warranted the automatic sealing of certain cases. However, the decision does not apply to all closed cases.


Specifically, the court made automatic sealing available only for cases where a person is:

  1. Found not guilty after trial
  2. A grand jury finds “No Bill”

  3. A case is dismissed for no probable cause


In these three narrow circumstances, the Court should automatically seal the case, unless the defendant objects. There are certain reasons that a person should object, including people facing immigration proceedings.


Other favorable results of a case, including dismissals for lack of prosecution, discovery violations, or prosecutorial misconduct would not be sealed automatically. Neither are dismissals after a period of pretrial probation or a continuance without a finding automatically sealed. Even the filing of a Nolle Prosequi, or a voluntary dismissal by the District Attorney’s Office, is not subject to automatic sealing.


In these other circumstances, or after a conviction, a person who wants to have their criminal record must still use the previously available petitions to the Court or the Commissioner of Probation.


An experienced Massachusetts criminal attorney can help guide people through the sealing process, as well as explore other post disposition options such as expungement, vacating a plea, or filing a motion for a new trial.