Legal Opinion

Commonwealth v. Boe

Massachusetts Supreme Judicial Court

Decided March 25, 2010No. SJC-10443PublishedCited by 21 opinions

1Opinion of the CourtSpina, J.

In this case we are asked to decide whether a judge has the authority to order the Commissioner of Probation (commissioner) to expunge a defendant’s record where the criminal complaint was dismissed because its issuance was premised on a mistake. We conclude that a judge does not have such authority, but the judge may order that such a defendant’s record be sealed pursuant to G. L. c. 276, § 100C. 2

1. Background. We set forth the relevant facts from the undisputed findings of the Boston Municipal Court judge. On July 12, 2006, an automobile accident occurred in the Roslindale section of…

2Cases cited25 opinions

  1. Caminetti v. United StatesSupreme Court of the United States · 1917
  2. Commonwealth v. JacksonMassachusetts Supreme Judicial Court · 1976
  3. King v. Viscoloid Co.Massachusetts Supreme Judicial Court · 1914
  4. O'Coin's, Inc. v. Treasurer of the County of WorcesterMassachusetts Supreme Judicial Court · 1972
  5. Canavan's CaseMassachusetts Supreme Judicial Court · 2000

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3Cited by21 opinions

  1. Commonwealth v. Humberto H.Massachusetts Supreme Judicial Court · 2013
  2. Adams v. AdamsMassachusetts Supreme Judicial Court · 2011
  3. Commonwealth v. PonMassachusetts Supreme Judicial Court · 2014
  4. Commonwealth v. CharlesMassachusetts Supreme Judicial Court · 2013
  5. Commonwealth v. DaltonMassachusetts Supreme Judicial Court · 2014

16 more not listed; retrieve them via the Exa API.

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