Criminal Record Sealed

• Steven Topazio wrote this December 23, 2019 at 6:49 pm

The client was arrested for a charge of Strangulation or Suffocation in violation of c. 265 § 15D(b) and Assault and Battery on a Family or Household Member in violation of c. 265 § 13M(a) and after fighting the case, resolved it by admitting to sufficient facts to the charge of A&B on a Family or Household Member with the strangulation charge being dismissed.  The client successfully completed probation and retained Attorney Topazio to seal his record.  Attorney Topazio filed a petition to seal along with an affidavit on behalf of his client.  Attorney Topazio directed the court to the case of Commonwealth v. Pon , 469 Mass. 296 (2014), which established a new standard and procedure for sealing of a criminal case ending in a dismissal or entry of a nolle prosequi, making it easier to have those records sealed.  Attorney Topazio set forth facts on his client’s behalf that demonstrated good cause through his rehabilitation, work aspirations and good behavior for overriding the presumption of public access to court records.  The court reviewed the petition and the supporting documents and determined that the client met his burden and sealed the client’s record.