Commonwealth v. Jane Doe – Wareham District Court

AFTER AN EVIDENTIARY HEARING IN WHICH THE POLICE AND THE DEFENDANT TESTIFIED, ATTORNEY PATRICK J. NOONAN OBTAINS COURT ORDER TO SEAL THE CRIMINAL RECORD OF A MENTAL HEALTH PROFESSIONAL AND SOCIAL WORKER

Defendant, a Lakeville resident, is a highly educated professional who spent a career devoted to the service of children and families suffering from issues relating to mental health, behavioral health, substance abuse, and disabilities. She had no criminal record until an unfortunate incident in 2010 when her husband called the police to report that he had been physically assaulted by the Defendant. The husband told police that the Defendant was upset with him and slapped him across the face. The husband showed police marks to his face, which included a red mark, swelling, and bruising. Based on the husband’s allegation of a physical assault, and coupled with his visible injuries, police arrested and charged the Defendant with Assault and Battery under G.L. c. 265, §13A.

Result: Attorney Patrick J. Noonan filed a motion and petition to seal his client’s criminal record under the record sealing statutes specifically, G.L. c. 276, 100C. At a hearing, Attorney Noonan called a police officer who testified about a false report the husband had previously filed against the Defendant where he falsely accused her assault and was denied a restraining order against her. About one-month before the assault and battery incident, the husband went to the police station to report that the Defendant had assaulted him. The husband told this officer that he wanted to obtain full custody of their children. The husband further stated that his attorney advised him to get his wife to push him in front of the kids so that he may obtain full custody of them. The husband stated that he attempted to have his wife assault him in front of the kids but he was unsuccessful. The husband requested a restraining order against his wife in order to get custody of his kids but his first request for a restraining order was denied for lack of evidence. Attorney Noonan argued that the Assault & Battery charge, which resulted in his client’s arrest, was the result of another false allegation by the husband who was motivated to get custody of the kids and was willing to go to extreme lengths to get custody, which included a false allegation of abuse. Attorney Noonan introduced pleadings from the divorce case where the husband tried using the Assault and Battery case as leverage to gain custody of the children. Attorney Noonan has his client testify about how the existence of the criminal record has adversely affected her life. Evidence was introduced about how the criminal record affected her ability to obtain employment. In one instance, she was overly qualified for a position and she was recommended for the position after a serious of interviews but she was later denied the position after a criminal background check revealed the Assault and Battery. After hearing all the evidence, the Judge ordered the sealing of the criminal record. Now, the Defendant can truthfully state on a job application that she has never been arrested, charged, or convicted of a crime.