Youth A&B CWOF in Lowell?

[milktree]

I had student recently who was arrested for Assault and Battery when he was 13.
The case was CWOF, then dismissed 6 months later. This all happened 14 years ago.
He then went on to join the army and left with an honorable discharge.

My understanding is that because it's not a conviction, and he has no prohibiting factors, as long as he discloses the event with supporting paperwork (court disposition, DD-214) he shouldn't have a problem getting an LTC, even in a dumpster town like Lowell.

Yea, yea, "talk to @nstassel" That's step two. Step one is to try to set expectations.

 

[In God We Trust]

I know guys with felony charges that were dismissed and they have LTC.

A CWOF is not a conviction, but I recall some loophole for the state where part of some CWOF pleas include you admitting the state has sufficient evidence to convict you.

Lacking that, a straight CWOF plea is not grounds for a denial provided the charge was ultimately dismissed.

 

[Bigfudge16]

Disclose all the info up front as you mentioned since the arrest will come up but otherwise it shouldn't be an issue. A CWOF is not the same as a conviction. I know lots of guys that CWOFd OUIs with no issues getting licensed

 

[nstassel]

Definitely not a disqualification if the docket and cori are correct.

 

[milktree]

Definitely not a disqualification if the docket and cori are correct.

He sent me a picture of the docket, and it's very clearly "CWOF" and then "Dismissed"

Is this a, "Just apply, no lawyer necessary." situation?

 

[nstassel]

He sent me a picture of the docket, and it's very clearly "CWOF" and then "Dismissed"

Is this a, "Just apply, no lawyer necessary." situation?

Yes obviously he has to admit it but there won't be an issue.

 

[nstassel]

A CWOF is not a conviction, but I recall some loophole for the state where part of some CWOF pleas include you admitting the state has sufficient evidence to convict you.

Lacking that, a straight CWOF plea is not grounds for a denial provided the charge was ultimately dismissed.

Every CWOF is an admission to sufficient facts. A judge can not (is not supposed to) accept an admission to sufficient facts unless there is sufficient evidence on each of the elements to prove them, and the defendant is making such an admission which is the heart of the plea because if they violate probation then a guilty finding and sentence is imposed. So there is no such thing as a straight CWOF without an admission to sufficient facts. Now, over the years there have been judges who have gone off the rails and taken pleas for CWOFs without an admission to sufficient facts but they are illegal pleas and been rejected when appealed by the Commonwealth.

There are also certain matters in which a CWOF counts as a conviction, as in immigration consequences and OUI repeat offenses, but they are still not "convictions". Interesting factoid that even after a jury trial, a juvenile can still receive a CWOF. In the adult de novo system abolished in the early 1990's an adult session judge could give a cwof after a bench trial but that was also abolished with de novo. In OP's scenario this was a juvenile too and he or she would be delinquent rather than convicted. This is interesting because they would be ineligible for an LTC but not a disqualified person under federal law.