Commonwealth v. John Doe

DISORDERLY CONDUCT CHARGE PERMANENTLY SEALED FROM THE CRIMINAL RECORD OF SCIENTIST.

 Client is a 29 year-old. He had a Ph.D in Chemistry and he was employed as a Senior Scientist for a major, worldwide research laboratory. The client was arrested and charged with Disorderly Conduct stemming from an incident outside a bar in Boston where he, and his friends, were assaulted and injured by bouncers of the bar. When the police arrived, the client and his friend were suffering from injuries as a result of the bouncers’ assault. The client was in a highly emotional state, he was upset about being attacked for no reason, and he demanded that the police arrest the bouncers for assaulting them. The client was disorderly, argumentative, and combative with police, so he was arrested and charged with Disorderly Conduct (G.L. c. 272, §53(b)).

Result: The criminal charge on his record posed a very serious threat to his current employment and future employment. In order to get hired, the client was required to pass a very rigorous background check, including a thorough criminal background investigation. After being hired, every employee is subject to recurring criminal background checks. If his employer were to conduct a new background check, they would see that the client was charged with Disorderly Conduct, and he would most likely be terminated. Moreover, the client was considering applying for jobs with other employers in his chosen field. All prospective employers would see the charge of Disorderly Conduct when conducting a background check and the client would be prevented from obtaining future employment opportunities due to this charge. Attorney Patrick J. Noonan was able to swiftly seal the client’s criminal record (under G.L. c. 276, §100C) preserving the client’s current employment, and giving him a clean record in applying for future jobs.