FAQs: The Massachusetts CORI, Record Sealing, and the “CWOF” Explained

A Continuance Without a Finding (CWOF) is a unique Massachusetts case disposition. It is often offered to first-time offenders as an alternative to a guilty verdict.
When you accept a CWOF, you must admit in court to the alleged facts. You admit that the Commonwealth has "sufficient facts" to find you guilty. The judge does not enter a guilty finding. Instead, the case is continued (put on hold) for a specific period of probation. If you successfully complete the probationary period without any further legal trouble, the case is officially dismissed. If you do not, a judge after a hearing can change the outcome, including converting the CWOF to a guilty and, at worst, sentencing you to incarceration.

You do not admit to anything with PTP or diversion. Instead, the case is held in a pending status. Similar to a CWOF, it is dismissed at the end of that period provided there are no new offenses or other violations. If there are violations, the case can be reopened and you are back in the position you were before PTP. You have a pending case that you must defend at trial or with a plea of some kind.
More practically, PTP cannot lead to adverse consequences for your license, career or immigration status, including your student or skilled worker visa. You have not admitted to any offense.

Yes. This is a common misconception in Massachusetts law. Many defendants believe that a CWOF or even PTP/diversion "keeps their record clean." This is only partially true.
While on Probation: The open CWOF will appear on a CORI check run by most employers or landlords.
After Dismissal: Once the probation ends and the case is dismissed, the CWOF will appear on a CORI check (used by retail employers or landlords) as a dismissed case. This is true also for PTP or diversion. At that point, you are eligible to seal and sometimes expunge the record of the case. This does not happen automatically. You must take the initiative and file the proper petitions.

Under Massachusetts law (M.G.L. c. 151B, § 4), an employer cannot ask you about an arrest, detention, or disposition regarding any violation of law in which no conviction resulted.
Because a CWOF that has been successfully dismissed is not a conviction, you generally do not have to disclose it to standard employers. However, there are strict exceptions for federal jobs, security clearances, and specific professional licensing boards that may require the disclosure of any court appearance, regardless of the outcome.

If you have a record in the Boston Municipal Courts (BMC), Cambridge, Quincy, or elsewhere in Massachusetts, sealing your CORI is the final step in protecting your future. Once a record is sealed, it is hidden from nearly all public and private background checks.
Bristol County Criminal Defense Lawyers

The waiting periods to seal a record administratively are defined by statute:
Misdemeanor Convictions: You must wait three years from the date of the conviction. You must wait three years from release from incarceration if you served a sentence.
Felony Convictions: You must wait 7 years from the date of the conviction or seven years from release from incarceration).
Dismissals & CWOFs: There is no waiting period. If your case resulted in a "Not Guilty" verdict, the court will seal the case for you unless you object (which is usually not a good idea). After a non-verdict dismissal, or a successfully completed CWOF or PTP, you can file a petition to seal your record immediately before a judge, provided we can demonstrate that the open record is causing a distinct disadvantage to your employment or housing or other needs.