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420 Mass. 1002

Commonwealth v. Roe

Massachusetts Supreme Judicial Court · decided 1995-04-19

Relies on Commonwealth v. Vickey · Commonwealth v. Balboni

Good law ✅— No negative treatment on recordhow we know

Decided 1995-04-19

How this case has been cited

Cited by 5 later decisions — most recently March 2010

5 state decisions

20199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶11. The judge lacked authority to make the report for the reasons discussed in Commonwealth v. Doe, ante 142, 145-146 (1995).

¶22. After the proceedings on the defendant’s motion to expunge were concluded in the District Court, this court decided Commonwealth v. Balboni, 419 Mass. 42 (1994), where we concluded that, in the case of adult defendants, the existence of the sealing statute, G. L. c. 276, § 100C, is sufficient, in cases that are appropriate for sealing, to protect the confidentiality of criminal records, and, as a result, defendants do not have ex-pungement as an available remedy. Id. at 46-47. See Commonwealth v. Vickey, 381 Mass. 762, 772 (1980). The defendant in this case, therefore, could not seek expungement and her motion was properly denied for lack of authority of the judge to grant it. The other issues raised by the judge in *1003connection with the consideration and disposition of a motion to expunge fall by the wayside.

Beth L. Eisenberg for the defendant. William J. Duensing, Assistant Attorney General, for the Commonwealth & another. Joanne L. Belasco for Boston Police Department.

¶33. The defendant, if she chooses, may pursue a petition to seal her record under G. L. c. 276, § 100C, second par. (1992 ed.), in accordance with the standards described in Commonwealth v. Doe, supra at 146-153.

¶4 Report discharged.

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