A Criminal Defendant who was charged Criminally Based on the False Use of his Identification can have his Criminal Record Expunged. - Attorney Steven J. Topazio
HomeA Criminal Defendant who was charged Criminally Based on the False Use of his Identification can have his Criminal Record Expunged.

A Criminal Defendant who was charged Criminally Based on the False Use of his Identification can have his Criminal Record Expunged.

The client was charged with drug possession charges after receiving a summons in the mail telling him to appear in court for an arraignment.  According to the police report associated with this case, the client was charged and accused of criminal activities after being involved in an undercover drug investigation.  The report further stated that officers of the drug control unit received numerous complaints about drug activity and observed an alleged drug transaction allegedly involving the client and stopped an individual.  The individual, when asked to identify himself, gave the name of the client.  Due to the suspect’s cooperation with the police, he was allowed to leave and told that he would be summonsed to court.  Attorney Topazio met with the investigating detective and verified with the detective that his client was not the person the detective stopped, but rather the client’s brother.  Based on this information, Attorney Topazio appeared in court and requested that the case against his client be dismissed.  Attorney Topazio objected to the Commonwealth’s request to amending the case to the correct name of the defendant due to the unauthorized use of his client’s identity and requested that the case be dismissed and a new police report be written.   Attorney Topazio argued to the court that he wanted his client’s record of this case, and all references to his client expunged.  Having a criminal record expunged means that the record will be permanently destroyed so that it’s no longer accessible by the court, police or any other state agency.  An expungement is not the same as having a criminal record sealed.  Under the law, there are now both time-based expungements where the offense must be one that qualifies for expungement under G.L. c. 276 section 100E-100U as well as non-time based expungements that are based on false information or errors.  Attorney Topazio persuaded the Commonwealth to file a Nolle Prosequi resulting in his client’s case being dismissed.  After the case was dismissed, Attorney Topazio filed a Petition For Expungement pursuant to G.L. c. 276, section 100K which was allowed by the court.