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Commonwealth v. L.N.

Appeals Court of Massachusetts.
Jan 10, 2014
84 Mass. App. Ct. 1128 (Mass. App. Ct. 2014)

Opinion

No. 11–P–2077.

2014-01-10

COMMONWEALTH v. L.N.

G.L. c. 276, § 100C, as amended through St.1984, c. 123. The statutory language unambiguously states that the court shall seal the records of a dismissal if substantial justice would be served. There is nothing in the plain language that distinguishes a prearraingment dismissal from a postarraignment dismissal, and there is nothing that preserves expungement as a potential remedy. See Commonwealth v. Gavin G., 437 Mass. 470, 482, 772 N.E.2d 1067 (2002) (“Conspicuously absent from [the] entire legislative scheme governing court and probation records ... is any suggestion that the Legislature intended such records be destroyed”). Moreover, the first paragraph of G.L. c. 276, § 100C, which requires the sealing of records where a grand jury returns a no bill, further supports this reading of the statute. The nature of the indictment process is such that it is possible for a grand jury to return a no bill without the accused even being aware of potential criminal charges against him, let alone without being subject to arraignment. Yet a court would be powerless to order expungement of a no bill because the plain language of the statute stipulates sealing as the remedy.



Summaries of

Commonwealth v. L.N.

Appeals Court of Massachusetts.
Jan 10, 2014
84 Mass. App. Ct. 1128 (Mass. App. Ct. 2014)
Case details for

Commonwealth v. L.N.

Case Details

Full title:COMMONWEALTH v. L.N.

Court:Appeals Court of Massachusetts.

Date published: Jan 10, 2014

Citations

84 Mass. App. Ct. 1128 (Mass. App. Ct. 2014)
1 N.E.3d 294