What is a CWOF?

What is a Continued Without a Finding (CWOF)?

A Continuance Without a Finding (CWOF) is a legal action where a defendant agrees that the Commonwealth has enough evidence to support its case, however, the judge does not find the defendant guilty, at the sentencing stage in a criminal matter.

A continued without a finding, CWOF, is a request that a guilty result not be entered into the court record. Instead the case is continued without a finding, or judgment, until a future date at which time the case will be dismissed.

The dismissal will take place if specific terms and conditions are met, which usually means that the defendant is placed on probation until the dismissal date. If the probation period is successful without further incidents the case will be dismissed.

The CWOF will count as a prior offense, if the defendant is charged with a crime during the waiting period while on probation.  If the defendant is charged with a crime during the probation period there will be a probation violation hearing.  At this hearing the Judge may revoke the CWOF and enter a guilty finding, order additional conditions of probation, order a probation extension, or maybe even order jail time.

Will a CWOF Show up on a CORI Report Requested by an Employer, Landlord, or Professional Licensing Board?

When the case is dismissed the defendant, or defendant’s attorney, may ask the court to have the record sealed, as long as the probation period has been completed successfully. You will have to show the Judge that your interest in having your record sealed is greater than the public’s interest in not having it sealed. Being rejected by an Employer, Landlord, or a Professional Licensing Board on a CORI record check is a good argument to support your record being sealed.

This means that people looking at your CORI record, who are not law enforcement, are told that you have no record.

A CWOF is not considered a conviction.  The defendant can answer NO if they are asked if they have been convicted of a crime.

Even though a CWOF appears as a dismissal on a record, it remains on the Board of Probation record that law enforcement accesses.

What are the Other Effects of a CWOF?

If the CWOF is the outcome of Operating Under the Influence (OUI), or another motor vehicle violation, the CWOF will count as a first OUI offense, and your motor vehicle insurance rates will increase.

A CWOF may result in the potential loss of a firearms license.

If you are not a U.S. Citizen a CWOF may cause immigration issues.

Finally, a CWOF for an OUI or other crime may stop you from entering Canada.

Contact Boyle & Carbone

If you are wondering if you may be eligible for a CWOF for your criminal charge, or if you have any other questions about the CWOF process please contact Boyle & Carbone at (978) 342-3422.

Mass. Gen. Laws Ch. 278 sec. 18