How to Seal a CWOF (Continued Without a Finding) on Your Massachusetts CORI
A Continuance Without a Finding (CWOF) is not a conviction, but it will still show up on your Massachusetts CORI and can cost you employment. Under Mass. Gen. Laws ch. 276, § 100C, you do not have to wait years to seal it; you can petition a judge to seal a CWOF immediately after your probation is successfully completed.
Understanding a CWOF on Your Massachusetts CORI
When facing criminal charges in Massachusetts, many defendants accept a deal for a Continuance Without a Finding (CWOF). This means that while you admitted there were enough facts for a guilty verdict, the court did not officially convict you. Instead, you were placed on a period of probation. If you complete all the terms of your probation successfully, the case is ultimately dismissed.
However, thousands of residents in Boston, Cambridge, and Lowell mistakenly believe that once a CWOF is dismissed, it completely vanishes from their record. This is a dangerous misconception. Until it is formally sealed, a dismissed CWOF remains highly visible on your Criminal Offender Record Information (CORI) and can easily scare away potential employers or landlords. If you need professional help clearing your background quickly, you can find a dedicated defense attorney through our US lawyer directory.
Does a CWOF Automatically Disappear?
The short answer is absolutely no. Even though a CWOF results in a dismissal, the record of your arraignment and the CWOF disposition remains on your CORI. When a standard private employer runs a background check, they will see that you were charged with a crime and that the case was 'continued'. Even if you try to explain that you were never convicted, many employers will silently pass over your application in favor of someone with a completely blank record.
During the CWOF period, you are actively on probation. You must pay probation fees, attend court-ordered classes, and pass drug tests. If you fail to meet these conditions, the judge can revoke the CWOF and enter a guilty finding. Fortunately, once dismissed, Massachusetts law treats non-convictions much more leniently than actual convictions when it comes to sealing your record.
Immediate Court Petitions vs. Mail-in Administrative Sealing
If you want to hide your CWOF, you have two primary options under Massachusetts law: waiting for administrative sealing or asking a judge for immediate relief.
Mail-in Administrative Sealing (The Waiting Game)
If you choose to seal your CWOF via mail, you fall under the standard waiting periods required for convictions. Under Mass. Gen. Laws ch. 276, § 100A, you must wait 3 years for a misdemeanor or 7 years for a felony, which starts from the date the CWOF was entered by the court, not the later date of dismissal. You submit Form Petition to Seal, Massachusetts, Office of the Commissioner of Probation, Petition to Seal Conviction Records directly to the Office of the Commissioner of Probation, Boston. Provided you have no new charges, the sealing is granted automatically without a court hearing.
Immediate Court Petitions (The Fast Track)
You do not have to wait 3 or 7 years. Under Mass. Gen. Laws ch. 276, § 100C, you have the right to file Form TC0057, Massachusetts, Trial Court, Petition to Seal Criminal Records for Nolle Prosequi or Dismissal directly with the court where your case was heard-such as the Worcester District Court, Worcester or the Springfield District Court, Springfield-the very next day after your probation ends and the case is dismissed.
To win an immediate sealing, you must prove to a judge that keeping the record open causes you specific harm (such as being denied a job or housing). The legal standard for this was firmly established in Commonwealth v. Pon, 469 Mass. 296 (MA Supreme Judicial Court 2014), which significantly lowered the burden on defendants to show that sealing is in the interest of justice.
Sealing OUI/DUI CWOFs
One of the most common offenses resolved by a CWOF in Massachusetts is a first-offense Operating Under the Influence (OUI). While an OUI CWOF can be sealed from the public CORI, you must understand that the Massachusetts Registry of Motor Vehicles (RMV) operates under entirely different rules.
Under Mass. Gen. Laws ch. 90, § 24, the state maintains a strict lifetime lookback for OUI offenses. Even if a judge at the Boston Municipal Court, Boston completely seals your OUI CWOF from public employers, the RMV and law enforcement will always see it. If you are arrested for a second OUI twenty years later, the sealed CWOF will still legally count as a first offense, triggering harsher penalties.
| Sealing Method | When You Can File | Court Appearance Required? |
| Administrative Sealing | 3 years (Misd.) or 7 years (Felony) from CWOF entry | No. Processed by mail automatically. |
| Court Petition | Immediately after probation ends and case is dismissed. | Yes. Must argue your case before a judge. |
Frequently Asked Questions (FAQ)
Do I have to list a sealed CWOF on a job application?
No. Under Massachusetts law, if your record is sealed, you have the right to legally answer 'no record' when a standard employer asks if you have any criminal cases.
Can a CWOF be used against me in family court?
Yes. Judges and the Department of Children and Families can still access sealed CWOFs when making custody or child welfare determinations.
What happens if I violate probation while on a CWOF?
If you violate probation, the judge will likely revoke the CWOF and enter a guilty finding, converting your non-conviction into a permanent criminal conviction on your CORI.
Can I expunge a CWOF instead of sealing it?
Expungement physically destroys the record, but it is extremely rare. You must have been under 21 at the time of the offense, and the charge cannot be on the extensive list of excluded crimes.
Will a sealed CWOF stop me from getting a firearm license in MA?
Police departments have full access to sealed records when evaluating a License to Carry (LTC) application. A sealed CWOF for a violent or drug offense can still lead to a denial.
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