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Discussion Starter · #1 ·
Situation:
Officer pulls someone over for a simple moving violation, some back Suspended, taken to jail.
"Offender" gets written letter from RMV saying the license should have been active, and that it was their error.
Prosecutor takes letter, and recommends that the Operating after suspension charge be dismissed, noting the RMV error.
Judge acknowledges such a recommendation, and dismisses the charge, also noting that it was due to an RMV error.


Now, this person has a BOP file. Every time a cop plays the lottery picking license plates out of crowds, or gets stopped, or tries to get a job as LEO, or any other background check is done, it will show up as being dismissed.
Granted it’s not close to a conviction, but it still looks bad and needs unnecessary explanation.

Does this person have a "case" for getting that BOP expunged, as that the arrest should not have occurred in the first place due to the Commonwealth’s error?
And how would they go about getting that process started?
Does it require a lawyer, or can it be done without?

Thanks a lot.....
 

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The presence of the BOP file itself is not considered prejudicial in any way by the legal system, and as such I have never known one to be deleted for such a reason as it is merely an alphabetical database of court appearances independent of their outcome. That being said, I have known appearances to be removed from one person's name and placed upon another if the subject can produce information that it was not them but in fact someone else using their name. I have also had one case in which I suspected someone in the probation department of a district court removed a subject's BOP file over to a 'Jane Doe" for reasons that weren't entirely clear so don't think for a moment the file isn't manipulated.
 

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I'd keep that letter from the RMV that said THEY made a mistake. I would make many copies of it and place it in a fireproof safe. Just because you got a DISMISSED on the BOP doesn't mean anything. First offense, operating with a suspended license gets you a DISMISSED with court costs($50-$200) depending on the court. If a PD does your background and you claim the RMV screwed up, make sure you can back that claim. Whatever you do, DO NOT be less than truthfull in the background process as it is automatic disqualifier. Not only is it a disqualifier for the department you applied but it may disqualify you from other PDs as they will know another did a background on you and you LIED. Be truthfull,honest and good things will happen. Everyone screws up sometimes, we fall and rise again,some quicker than others. Good Luck!
 

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Discussion Starter · #5 ·
Thanks. Im going to try to get is sealed. I did a little research, and think I have a "case".
I have interviews coming up for tight corporations (non-gvt) that will be doing background checks, and I dont want to explain anything, whereas someone equaly qualified might have nothing to explain: they get the job.

Thanks for your responces, I appreciate it.h
 

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kwflatbed";p="63765 said:
Quick point you want it expunged, not sealed there is a difference
Most people interpret a sealed case as a weirdo sex crime or drugs. Way better just to have the one BOP that's dismissed, along with your letter from the RMV. Believe me, many people have far shadier things in their past to explain.
 

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SPD3";p="63690 said:
The presence of the BOP file itself is not considered prejudicial in any way by the legal system, and as such I have never known one to be deleted for such a reason as it is merely an alphabetical database of court appearances independent of their outcome. That being said, I have known appearances to be removed from one person's name and placed upon another if the subject can produce information that it was not them but in fact someone else using their name. I have also had one case in which I suspected someone in the probation department of a district court removed a subject's BOP file over to a 'Jane Doe" for reasons that weren't entirely clear so don't think for a moment the file isn't manipulated.
Gosh, I'd hate to be Jane Doe. :L:

To give the poster an idea of what a sealed BOP charge will look like...it will show the disposition of the case (and possibly the dates), but not what the actual charge is.

I will agree that there are worse things to have on a BOP, and that if it can't be expunged to not pursue the angle of having it sealed (but rather get documentation from the registry and possibly the arresting department that it was a mistake on the RMV's part, which is why the charges were filed, and later dismissed).

Good luck, let us know how it goes.
 

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Chapter 90 Enforcer
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Once you have a BOP, you have a BOP for life. Regardless of outcome, it will always show. Be truthful of EVERYTHING even expunged, sealed or dismissed cases, because they WILL see them.
 

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Discussion Starter · #11 ·
Irish Wampanoag";p="63968 said:
Massachusetts does not expunge, delete, erase etc... BOP Files
:roll:
So they'de have this tail for the rest of their life becasue of the Commonwelth's errors?
 

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Chapter 90 Enforcer
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Yep! Just keep any documentation (i.e. the RMV document that states it was active) and jsut explain it as needed, honesty is the key.
 

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Do Not get this case sealed. If it is what you say it is, just keep the documentation to explain it. If you seal it, any dept doing background check has no idea waht it is. I know a guy who almost didn't get hired in a similar situation. He had a "drinking in public" charge which he had sealed. The dept he was applying to told him he was disqualified beacuse the as far as they were concerned he could have been convicted of murder. He had to get a lawyer and quickly get the case unsealed.
 

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Curious EMT
That being said: I know of quite a few people who are officers that have extensive KQ's, including some criminal things. They smartened up, stayed clean, and got on the job. It's JUST m/v stuff. It may take 5 years, at least, but it will all pan out in the end. You'll never be a trooper, but they'd prefer to get someone who's never had a ticket but will fuck 15 y/o's, than someone who's thrill is to drive fast.
Remember that from another thread?

Now we know. Tell your "friend" good luck.

:---)
 
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